The Supreme Court of Kenya on Sunday delivered initial rulings on an election petition put forward by National Super Alliance (NASA) leader Raila Odinga challenging the election of President Uhuru Kenyatta in the 2017 General Election.
One of the major rulings the court made was to dismiss an application by the two named respondents in the case, the Independent Electoral and Boundaries Commission (IEBC) and President Kenyatta.
The respondents, represented by lawyers Fred Ngatia, Ahmednasir Abdulahi and Paul Muite, had sought to have the court reject five new affidavits submitted by the petitioners claiming that they were not presented to the court within the time allocated.
Delivering the ruling, Justice Smokin Wanjala explained that in the court's view, the new evidence would not "jeopardise or seriously undermine the ability of the court to hear and determine the petition."
After the pre-trial hearing, the seven-judge bench was expected to issue rullings on 10 applications made by the petitioners, the respondents and other interested parties seeking to be enjoined to the petition.
Two parties seeking to be enjoined as amicus curiae (friends of the court) had their applications denied. They are: the ICT Association of Kenya represented by Kamotho Njenga and Lawyer Charles Kanjama.
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The court, however, allowed the Attorney General Githu Muigai (assisted by State Counsel Charles Mutinda) and the Law Society of Kenya led by Stephen Mwanesi to join the petition as friends of the court adherent to certain conditions.
Two presidential candidates, Ekuru Aukot and Michael Wainaina, were also allowed to join the case as interested parties represented by their lawyers Elias Mutuma and Harrison Kinyanjui respectively.
The court also dismissed an application by lawyer Isaac Aluor Chier who sought to be enjoined to the case as the main petitioner on the basis that his application failed to mention some of the parties in the case.
Supreme court judges will officially begin hearings of the trial at 9 am Monday morning, however, some major rulings are still expected.
One of the rulings involves an application by the Opposition team's lawyers who sought to be granted "unfettered access" to IEBC servers.
Senator-elect James Orengo, on behalf of Mr Odinga, also sought the indulgence of the court in compelling the IEBC to submit original copies of 40,833 Form 34As as well as 290 Form 34Bs.
