President Uhuru Kenyatta's and Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati’s lawyers on Tuesday clashed in court during the pre-trial conference ahead of the hearing of a petition seeking to nullify the October 26 repeat presidential election.
In one of its applications on Tuesday, President Uhuru’s team led by Senior Counsel Fred Ngatia asked the six-judge bench to annul documents filed by the petitioners a day after the stipulated deadline.
“The deadline for filing the petition was 6th November, but those documents were part of the petition but were filed on November 7. One day after the Constitutional timeline,” Ngatia stated.
In response to the application, Wafula Chebukati’s lawyer, Kimani Muhoro, ascertained that he did not support the request by President Uhuru’s legal team to have the documents thrown out.
Mr Muhoro was questioned by Judge Isaac Lenaola on why he was opposed to Kenyatta’s prayer.
“These are documents that were filed out of time, they affect you, and you are saying you have no objection. Because?” Judge Lenaola questioned.
Mr Chebukati’s lawyer explained that he had no issue with the filing of documents beyond time since he understands how busy and hectic it could get at the Supreme Court registry.
“We have all had problems in filing documents, there has been a long queue at the registry, and it would be dishonest of me (to object). That’s all,” Mr Muhoro submitted.
However, he agreed with Ngatia that five internal memos from Mr Chebukati brought to the court by the petitioners should be annulled from court records as they were illegally obtained.
“This court should abhor and not allow itself to be dragged into leaked memos which are not conclusive,” Mr Kimani concluded.