BY NAMULONGO PETER,NAIROBI,14TH NOV 2017-Legal team representing President Uhuru Kenyatta in the petitions filed at the supreme court challenging his win wants the Supreme Court to get rid of five internal memos filed by two activists behind the petition.
Lawyer Melissa Ng’ania submitting on behalf of Uhuru’s legal team, said the memos were illegally obtained and should not be included in other relevant documents in the petition.
According to Ng’ania who addressed the court’s pre-trail conference on Tuesday said that no request was made to IEBC prior to access to internal documents as required by law. .
But counsels Julie Soweto and Harun Ndubi, who are representing ICJ’s Kenyan chapter chairman Njonjo Mue, said the documents are in the public domain so they should not be ignored.
“They have been circulated broadly. The documents are important. The arguments here cannot stand. Public interest outweighs the objection by the two,” Soweto said.
Soweto added IEBC did not deny the memos after they were leaked so they should not be removed.
“…having been publicised in the electoral and the mainstream media, the IEBC did not object to them even in their proceedings,” she noted.
In September, commission chairman Wafula Chebukati issued a memo demanding that CEO Ezra Chiloba explain why some forms printed by Al Ghurair had no security features.
Chebukati detailed numerous failures by the secretariat that formed a key part of the Supreme Court proceedings.
Lawyer Fred Ngatia, who is also appearing on behalf of Uhuru’s legal team, also asked the court to expunge documents the petitioners filed after the stipulated time.
Ngatia noted affidavits and other volumes in support of the case were presented beyond time limits.
The lawyers also want the court to remove the National Super Alliance from the petition challenging their client’s re-election.
Uhuru was declared winner of the October 26 repeat presidential election that NASA candidate Raila Odinga boycotted.
The parties are required to agree on issues to be determined by the court before the end of the day today Tuesday 14,November .