The Supreme Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to provide the original Forms 34A, 34B, and 34C to the petitioners in the ongoing Presidential Petiton case.
The electoral body was given the directive by the pinnacle court on Wednesday during the hearing of the ongoing petition challenging the October 26 repeat presidential poll.
Furthermore, Chief Justice David Maraga ordered the electoral agency to issue a certified copy of the voters register for scrutiny at the petitioner’s cost.
Applications for access to the election servers and logs from the Kenya Integrated Election Management System (KIEMS) kits were, however, declined.
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CJ Maraga and his team dismissed the application by the petitioners seeking to have the memory cards availed, terming the move as 'a fishing expedition'.
Lawyer Julie Soweto had requested the court to order for an analysis of election materials as well as polling station diaries and GPS coordinates for all KIEMS kits.
She had further requested the IEBC Chair Wafula Chebukati be obliged to present memos exchanged by commissioners between September 20 and October 30.
Her request for Mr Chebukati’s memos to be availed was declined by the Maraga-led team. This was after President Uhuru’s legal representatives argued that the memos were illegally acquired.
On Tuesday, the court expunged the National Super Alliance (NASA) as a respondent in the Njonjo Mue and Khelef Khalifa petition following an application by President Uhuru Kenyatta’s lead counsel Fred Ngatia.
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If the Supreme Court bench invalidates the election, the country will go back to the ballot in sixty days to elect its leader in accordance with Article 140 (3).
