Supreme Court Sets New Dates For NASA's Presidential Petition Hearing

The Supreme Court has postponed the hearing of NASA's presidential petition that was scheduled to commence on Sunday at 3 pm.

Supreme Court registrar, Esther Nyaiyaki announced on Sunday that the hearings will commence on Monday at 9 am instead.

She further directed that rulings on the poll petition applications will now be heard on Sunday 7 pm.

Earlier on, it was declared that the judges would deliver the rulings on NASA's application on Sunday at 2 pm and hearing of the main poll petition will begin at 3 pm.

The Court was also expected to rule on requests of those seeking enjoining in the poll case as Amicus curiae (friend of the court) and interested parties on Sunday.

During the pre-trial conference held on Saturday, Siaya Senator-elect James Orengo who is representing the National Super Alliance (NASA) asked the court to allow for an audit of the electoral commission’s electronic system and statutory results declaration forms.

He recalled his earlier statement that it could take two days to review the logs and kits by revealing that it would take five hours to audit the information.

In a quick rejoinder, Uhuru’s lawyers Ahmednasir Abdullahi and Fred Ngatia accused the opposition coalition of trying to fish for evidence to enable them to build their case.

"It is trite law and the practice that a party cannot depart from its pleadings.

"What Nasa is essentially doing is demanding for evidence. They are saying that if we don’t get this evidence, our case will collapse," Mr Abdullahi opined.

He further questioned why there was no precise timeline of how it would take to analyze the logs from the IEBC.

"What you, all the counsel, are not telling us is how long it would take.

"You are telling us a few hours, the others are saying three weeks," he stated.

IEBC Lawyer Paul Muite disclosed that the IEBC would allow Odinga’s team access to original form 34A and B under the supervision of the Supreme Court.

He, however, opposed NASA's bid to scrutinize agency systems to prove hacking, arguing that it would take too long and will compromise security.

Lawyer Abdullahi was against Mr Odinga's application to access the servers stating that it would prejudice President Kenyatta.

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