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February 22, 2018

IEBC memos expunged from presidential election petition

A file photo of the Supreme Court judges arriving to hear the petition challenging Uhuru Kenyatta's election, August 28, 2017. /REUTERS
A file photo of the Supreme Court judges arriving to hear the petition challenging Uhuru Kenyatta's election, August 28, 2017. /REUTERS

The Supreme Court has expunged IEBC memos from the ongoing presidential petition.

President Uhuru Kenyatta asked the court not to admit the memos as they were obtained illegally.

The electoral agency said petitioners Njonjo Mue and Khelef Khalifa were on a fishing expedition as they have no proper case against it.

"This application should be dismissed with cost," its lawyers told the Supreme Court on Tuesday.

Lawyer Julie Soweto, who appeared for the ICJ and MUHURI chairmen, asked the court to order scrutiny of election materials including polling station diaries, Forms 32 A and B and GPS coordinates for all of them.

The two also want IEBC chair Wafula Chebukati compelled to provide memos exchanged by commissioners between September 20 and October 30.

Read: IEBC commissioners reject damning Chebukati memo

Chief Justice David Maraga also declined prayers by NASA and Jubilee to join the proceedings.

NASA sought to join the petition on grounds that its co-principals are directly mentioned but Chief Justice David Maraga did not permit this.

The court denied AG Githu Muigai's prayers to be an amicus saying his application did not address points of law that have

But the Attorney General's office has been permitted to join as an interested party as issues raised by the petitioners touch on the conduct of state officers.

"We have gone through the application by the AG and unanimously agree the merits of the application meets the criteria and admitted as an interested party," Justice Njoki Ndung'u said.

The judges said they will issue detailed reasons as to why the declined to grant the prayers at a later date.

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