President Uhuru Kenyatta's lawyers are seeking to overturn the Supreme Court ruling that nullified his re-election on August 8.
Led by Fred Ngatia, the lawyers burned the midnight oil to look at the full judgement that was issued on Wednesday.
Sources privy to the matter told The Star they were not satisfied with the majority judgement read by CJ David Maraga.
DCJ Philomenta Mwilu and Justice Isaac Lenaola also read the majority judgement, while Justice Smokin Wanjala missed the session as he had travelled out of the country.
Ngatia had asked the judges to issue them with the soft copies of the judgement "to go over through the night" which the court agreed.
Uhuru's team is said to be preparing to use the dissenting opinions by judges Njoki Ndungu and Jackton Ojwang to build their case.
The two argued that there was no basis to nullify the election as the Opposition could not prove its case against the IEBC.
Njoki accused her colleagues of failure to verify the affidavits provided by the petitioners against the evidence produced by the IEBC, especially the forms 34A and 34B.
During the session, Mwilu said IEBC's refusal to give access to servers means the Opposition was right about hacking claims.
Reading the majority judgement on Wednesday, Mwilu said IEBC's IT system was infiltrated and compromised and data contained in servers altered.
"The system was compromised and contaminated or the IEBC interfered with the data and refused to accept that it had bungled the system," she said.
On his part, Maraga directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".
Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and Uhuru vie again.
The election has been scheduled for October 17 but this could change.
- Thank you for participating in discussions on The Star, Kenya website. You are welcome to comment and debate issues, however take note that:
- Comments that are abusive; defamatory; obscene; promote or incite violence, terrorism, illegal acts, hate speech, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or are otherwise objectionable in the Star’s reasonable discretion shall not be tolerated and will be deleted.
- Comments that contain unwarranted personal abuse will be deleted.
- Strong personal criticism is acceptable if justified by facts and arguments.
- Deviation from points of discussion may lead to deletion of comments.
- Failure to adhere to this policy and guidelines may lead to blocking of offending users. Our moderator’s decision to block offending users is final.