President Uhuru Kenyatta on Tuesday asked the Supreme Court judges to remove five IEBC internal memos filed at the apex court by two activists, Njonjo Mue and Khalef Khalif.
During the pre-trial hearing, Kenyatta, through his lawyer Melissa Ngania, argued that the memos were illegally acquired and should be expunged from the court records.
Lawyer Ngania indicated that no request was made to IEBC before accessing the internal documents as stipulated in the Constitution.
Nonetheless, Senior Counsels Julie Soweto and Harun Ndubi representing Mue, who is the International Commission of Jurists (ICJ) Kenyan chapter Chairman, countered Ngania's statement arguing that the documents should remain in court.
[caption caption="Laywer Julie Soweto and Kethi Kilonzo"][/caption]
The two lawyers noted that the documents are in the public domain and should not be ignored.
"They have been circulated widely and are important; public interest outweighs the objection by the arguments by the two," Ms Soweto conveyed.
Ms Soweto further divulged that the electoral body did not deny the circulated memos after they were leaked and, therefore, they should not be removed.
"After being publicised in the electoral and the mainstream media, the IEBC did not object to them even in their proceedings," she noted.
Fred Ngatia, who is also part of Uhuru's legal team, further asked the court to remove documents that were filed after the stipulated time.
[caption caption="Lawyer Fred Ngatia"][/caption]
Ngatia indicated that the affidavits and other documents in support of the case were presented to the court beyond time limits.
The President's lawyers also want the court to remove NASA from the petition challenging his re-election.
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