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November 20, 2017

Ruling for presidential petition to be given on Monday - Maraga

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

The Supreme Court will rule on the ongoing presidential election petition next Monday.

Chief Justice David Maraga on Tuesday said due to time limits and efforts to prevent a constitutional crisis, judges will deliver a ruling by November 20.

He said parties will not be allowed to read through all the submissions and affidavits they have filed.

"If we said we allow you to read through all the submissions we shall be here till forever yet we have till Monday next week to deliver the ruling," the Supreme Court judge said said.

The parties had requested the Court to grant them about 20 hours to give their submissions.

"We need to be clear ladies and gentlemen. 20 hours is not practicable. You have done written submissions you will not read them because we already have them if that is the case then take back the affidavits so that you do verbal submissions," Maraga said.

He said though the counsel had agreed to consolidate the two petitions, the first petitioner, former Kilome MP Harun Mwau, will be granted one hour to present his case, while the second petitioner - Njonjo Mue and Khelef Khalifa - will be granted two hours.

IEBC and chair Wafula Chebukati's lawyers will have one-and-half-hours each to respond to the petition, while President Uhuru Kenyatta's lawyers will be given two hours.

Maraga said all the interested parties will each have a maximum of 30 minutes to make their submissions, while for rejoinders, the court will adjust to time accordingly.

"We are going to be very strict with time; if any party exceeds its time we shall simply switch off the microphone," he said.

Maraga said the hearing officially starts on Wednesday at 10am after all parties made their submissions in pretrial hearing.

The Supreme Court expunged IEBC memos from the petition and declined to allow NASA and Jubilee to join the proceedings.

It also denied AG Githu Muigai's prayer to join the petition as amicus, but allowed his office to be part of the matter as an interested party.

Read: IEBC memos expunged from presidential election petition

 

 

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