The Supreme Court of Kenya on Monday made two new discoveries on the petition filed by the National Super Alliance (NASA) challenging President Uhuru Kenyatta's re-election.
According to the court, four documents in Opposition leader Raila Odinga’s petition were filed after the deadline set for Friday midnight.
The court’s registrar, Ms Esther Nyaiyaki, in a letter to Mr Odinga’s lawyers on Monday noted that NASA lawyers submitted additional volumes of their evidence numbered Volume 60, 61, 62 and 63 on Sunday after the deadline.
She further noted that the volumes had mistakenly been stamped as received on 18th but the mess had since been corrected.
Ms Nyaiyaki also mentioned that three key documents were missing from the petition filed on Friday night.
“As at 21st August 2017, our records are still missing one copy of volume 31, 55 and 56," she stated.
NASA lawyer Paul Mwangi while speaking to the Nation, however, downplayed the findings noting that the documents filed on Sunday were missing in some of the primary documents, which had been filed before the deadline.
“They are Forms 34 As. They are not primary documents.
"However, a document is deemed to have been filed when it was paid for and, in this case, that was done before Friday midnight. That is the legal position,” he stated.
IEBC lawyers on their part expressed their concern as to why NASA was still documents past the deadline.
“Upon enquiring from the Supreme Court, we were advised that you were still filing documents as at midday today.
"Our client is concerned as to why documents are still being filed way out of time,” IEBC lawyer Kamau Karori stated.
The late submission of documents by NASA could create a heated contest in the petition hearing which is expected to kick off on Saturday.
