Lawyers of Njonjo Mue and Khelef Khalifa, the Petitioners who are challenging President Uhuru Kenyatta’s victory in the October 26 repeat poll, found themselves on the defensive earlier today (Tuesday, November 14) when they were asked to explain why they filed documents outside stipulated time frames.
President Uhuru Kenyatta’s lawyers Fred Ngatia and Melissa Ng’ania also asked the Supreme Court judges not to allow five leaked internal memos to be used in court because they were obtained unlawfully from the Independent Electoral and Boundaries Commission.
But the drama was just getting started as the President’s lawyers went on to accuse the petitioners of filing documents with missing affidavits.
Lawyer Julie Soweto, for the petitioners, struggled to explain the delay but noted she filed two complete sets as required so the court should ignore technicalities and admit all documents.
According to her, they were in the process of filing the complete documents at around 11.45pm on November 6 but the registrar asked them to return the next day.
“We brought two complete sets. We were in the process of filing the others.” She said.
Chief Justice Maraga asked deputy registrar David ole Keiwua who was in court to give his version of the story.
“Did they come with everything on 6th and was registrar too tired to receive them?” the CJ asked.
To which Ole Keiwua said: “They brought only two complete sets. They left at their own choice. We were not tired.”
The petitioners were required to file at least eight sets of documents prompting Ngatia to tell the court not to turn a blind eye to the fact that the petitioners failed to comply with the law.
Ms Ng’ania on the other hand argued the memos were unlawfully acquired so they should be expunged from the court records.
In the petitioners’ defence though, lawyers Soweto and Harun Ndubi said the documents are in the public domain so they should not be ignored.