Supreme Court postpones presidential election petition hearing to Monday

MP Elect Millie Odhiambo and ODM lawyers James Orengo and Otiende Amollo at the Supreme court election petition on 26th august 2017 photo david gichuru

The Supreme Court has postponed petition ruling on interlocutory applications from 2pm to 7pm as stated on Saturday night in the ongoing presidential petition case challenging August 8 election outcome.

The hearing of the case is also scheduled to begin tomorrow (Monday) at 9am.

Supreme Court Registrar Esther Nyaiyaki, however, did not state the reasons as to why the changes were effected. She noted that more information will be divulged in the course of the day.

“Good afternoon, rulings will be delivered at 7pm today and not 2pm. Hearing will commence at 9am tomorrow morning. Notices to follow shortly,” Nyaiyaki indicated.

NASA leader Raila Odinga’s legal team demanded on Saturday night to be given access to the Independent Electoral and Boundaries Commission (IEBC) servers.

The lawyers claimed that forged documents were used to rig the elections in favour of President Uhuru Kenyatta.

NASA’s lead counsel James Orengo told the court that the Forms 34A and 34B used by the IEBC to tally presidential election results had irregular or missing security features.

Mr Orengo further told the court that names of presidential candidates did not appear in the right order on the forms. He wants the court to order the electoral commission to avail original Forms 34A and 34Bs.

NASA is represented by senior counsels Pheroze Nowrejee and Orengo. Senior counsel Okongo Omogeni and 16 other lawyers are also part of the legal team.

Uhuru Kenyatta’s Jubilee side compromises of senior counsels Fred Ngatia, Ahmednassir Abdullahi and Ken Ogeto.

Senior counsels Paul Muite and Lucy Kambuni lead the IEBC which has five other lawyers while the commission’s chairman Wafula Chebukati appointed senior counsel PLO Lumumba to lead lawyers Kamau Karori, Issa Mansur and Peter Wanyama.

Attorney General Githu Muigai was on Saturday leading a team of lawyers who wanted to join the petition including Stephen Mwenesi for Law Society of Kenya, Elias Mutuma for Dr Ekuru Aukot and Charles Kanjama.