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November 20, 2017

IEBC opposes scrutiny of election materials as fishing expedition

Chief Justice David Maraga and Deputy Chief Justice Philomena Mwilu consult during the status conference of the presidential election petition at the Supreme Court in Nairobi, November 14, 2017. /JACK OWUOR
Chief Justice David Maraga and Deputy Chief Justice Philomena Mwilu consult during the status conference of the presidential election petition at the Supreme Court in Nairobi, November 14, 2017. /JACK OWUOR

IEBC has termed an attempt to scrutinise election materials used on October 26 an afterthought.

The 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 chairman Wafula Chebukati compelled to provide memos exchanged by commissioners between September 20 and October 30.

They told the court the information will prove IEBC was not fully prepared for the polls and that figures were Inflated.

Other orders are for printouts of transmitted results from certified copies of voter registers used in the re-run.

But Lawyer Waweru Gatonye said the petitioners "deliberately failed" to comply with the IEBC Act.

The lawyer said it would be a "logistical nightmare" for IEBC to provide the information the petitioners want.

President Uhuru Kenyatta has urged the court to reject the application saying it was not pleaded in the petition.

The court also heard that most of the information sought has already been provided in soft copies and published on the commission's website.

More on case: Njonjo Mue, Khalifa lawyers in tight spot after filing documents late

Also read: Uhuru wants leaked IEBC memos removed from Supreme Court petitions

 

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