Supreme Court judge Smokin Wanjala on Thursday cast aspersion on the confidentiality of the presidential results prior to their declaration.
In a series of questions thrown at the legal team representing IEBC chairman Wafula Chebukati, the judge wondered how members of the National Security Advisory Council (NSAC) knew that the results were not in favour of Raila Odinga.
"Are we to assume that by the time Mr Kinyua placed this call if the intention was to influence the declaration of the results or to re-engineer it...are we to assume that they already knew the results because there is no way they could have been on that mission if they had not known the results," Wanjala said.
In his affidavit, Chebukati said hours before the declaration of the results on August 15, members of the NSAC visited the national tallying centre at Bomas of Kenya to try and convince him to change the results in favour of Raila.
The NASC led by the Head of Public Service Joseph Kinyua and Principal Administrative Secretary at the Office of the President, Kennedy Kihara that they indeed made the visit to Bomas.
However, they stated in their affidavit that the nature of their visit had nothing to do with the election process but was primarily to discuss security matters.
"The meeting was necessitated by the fact that the NSAC in the discharge of its mandate had become ceased of information to the effect that the delays in declaring the results of the presidential elections and the manner in which results were being transmitted including the stoppage of the public display of results had generated considerable public anxiety and tension and risked creating the opportunity for chaos, violence and insecurity in parts of the country," Kihara says in his affidavit.
