"The timeline to respond is for all respondents to file responses at the same time. Consequently, the 9th respondent [Ruto] will be denied any opportunity to answer the second-tier accusations made by the 3rd to 6th respondents. The 9th respondent's right to a fair trial as conferred under Article 25 (C) will be irreversibly compromised," said Kindiki.
In his affidavit, Nanok averred that Article 140 envisages a precise and concise issue that challenges the election of the President-elect and Deputy President-elect and that complaints between commissioners should not be included in such a petition.
"I am aware that the 3rd to 6th respondents are uncomfortable with the electoral victory of the 9th respondent [Ruto]; indeed, these commissioners have publicly stated their opposition to the 9th respondents' victory," said Nanok.
According to Nanok, the respondents, Juliana Cherera, Abdi Guliye, Boya Molu, Justus Nyang'aya, Francis Wanderi and Irene Massit, must be struck out and any pleadings by them expunged from the record.
"Accordingly, the four commissioners are in true sense petitioners and or proxies of the petitioners ingeniously included to be part of the respondents so as to compromise the 9th respondent's defence," said Nanok.