The hearing of the National Super Alliance (NASA) appeal on the use of manual back up has suffered a blow after two judges disqualified themselves from the case.
Appellate Judges Agnes Murgor and Gatembu Kairu noted that they could not hear the case for various reasons.
Judge Kairu stated that he was related to Senior Counsel Paul Muite who is a layer in the case whereas Justice Murgor noted that she had searched herself and was not able to hear and determine the appeal by the opposition.
This is the second time the case has aborted as Judge Kihara Kariuki disqualified himself from hearing NASA's appeal on Tuesday on grounds that he had sat in another ballot papers appeal filed by the same parties.
NASA filed the appeal after the High Court dismissed their case where they wanted IEBC compelled to exclusively use the electronic system.
In the ruling, the High Court observed that IEBC needed to have a manual back-up since the electronic system could fail, throwing the entire elections into jeopardy and imperil the democracy of the country.
“The court, therefore, finds that it would not be feasible to declare that the elections to be held on the 8th of August 2017 be exclusively electronic,” the judges ruled.
Nonetheless, NASA's lawyers led by Paul Mwangi filed an appeal seeking to challenge the decision citing malice in IEBC's insistence on using a manual back up.
NASA wants IEBC compelled to exclusively use an electronic system.
With the elections only five days away, it remains uncertain whether the Opposition will have their wishes granted.
