Members of Parliament (MPs) rejected the demands of four Independent Electoral and Boundaries Commission (IEBC) commissioners to have access to evidence tabled by petitioners seeking their ouster.
On Tuesday, November 29, the Justice and Legal Affairs Committee (JLAC) Chair George Murugara refused to grant orders to allow Francis Wanderi's lawyer access to video footage and affidavits presented by the petitioner.
Muragara argued that granting the order would be a violation of the Public Petitions to Parliament Act and the Standing orders of the National Assembly.
"As far as the documentation is concerned, it has been pointed out in that affidavits, evidence attachments of documents are excluded and sometimes discretionary, and you have to respond to what is placed before you," the Chair stated.
Consequently, the counsel, Ndoro Gichamba who was representing Wanderi in the morning session insisted that his client would not make any counter-submissions and asked to withdraw from the session.
"In the absence of the material we have sought, we will be unable to commit ourselves to today's hearing and if the committee will not be able to help us then we will not be able to proceed henceforth before the committee," Gichamba stated.
The Chairman confirmed the withdrawal of Wanderi from the session with the lawyer but gave an alternative method to respond to the petitioners.
"You are at liberty to file a written response by close of business today which we have extended to 6 p.m," Murafara stated.
Notably, the JLAC Vice Chairperson Eckomas Mutuse explained that the committee would make a ruling on the petition with or without the response as it was limited by time.
During the session, the advocate was asked to retract a statement in which he accused President William Ruto of interfering with the outcome of the hearing.
"Our contention is that no fair outcome would emanate from the investigations of this committee because of the attention from the highest office," Gichamba claimed.
The Whip of the Majority in the National Assembly Sylvanus Osoro stated that the demands by the Cherera four commissioners were part of a delay tactic to stall the hearing.
