President’s lawyers elbow NASA out of petition, get IEBC internal memos disallowed

NASA lawyers Nelson Havi and Paul Mwangi with Harun Ndubi for Kenya Human Rights Commission leave the Supreme Court on Tuesday. [Boniface Okendo,Standard]

The Presidential Supreme Court case has entered its second day this morning after rigorous pre-trial session that lasted for hours and culminated in various ground rules Tuesday night.

President-elect Uhuru Kenyatta as the third respondent was the first party to smile this morning after his prayers seeking to expunge the use of leaked IEBC memos was granted.

The pre-trial session, having set the ground rules, assigned various parties time and order in which they will respond. 

Former Kilome legislator and businessman Harun Mwau was earmarked as the first petitioner and is represented by Benjamin Musyoki. Mwau is challenging the validity of Kenyatta's election on grounds that IEBC should have conducted a fresh nomination before the fresh exercise.

 The second petitioner is Njonjo Mue who is also seeking the annulment of the second presidential poll as is Khelef Khalifa. They are represented by Julie Soweto.

Thirdway Alliance presidential candidate Ekuro Aukot has been enjoined as an interested party.

The Independent Electoral and Boundaries Commission is the first respondent and its Chairman Wafula Chebukati the second.

According to Chief Justice David Maraga, the court will also give a verdict on an application filed by Ben Caleb Wamaya who says his papers have not been objected to by any of the respondents.

The court proceedings were set to commence at 10 a.m. this morning.