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Supreme Court warns Raila, Uhuru over NASA petition

Earlier the court identified two key pitfalls in the NASA case

The Court has told off parties in the logged presidential petition and their supporters to stop instructing judges on outcome of case.

“The petitioners, respondents, and any other party to the petition, including their agents, advisors or supporters, in adherence to the sub judice rule, are directed to refrain from prosecuting the merits of their case in any forum other than this court,” the Supreme Court judges said.

The Raila Odinga led National Super Alliance (NASA) had insisted that all the seven judges should give their own view on the matter before it. Last week Friday, Raila Odinga and his running mate Kalonzo Musyoka submitted their bulk of over 20,000 pages of evidence to challenge the reelection of Mr Uhuru Kenyatta in the August 8 elections.


The team has since pressed the Supreme Court to “deviate from the 2013 ruling which awarded Mr Kenyatta victory.”

For Raila Odinga, elections should end with the vote tally. Mr Odinga said that this is the Supreme Court's second chance to deliver justice and regain the people's faith.

"The Supreme Court is made up of seven judges. The discretion of seven individuals, however wise, can neither represent nor substitute the voice of 15 million people,” Raila said. “Seven individuals can be intimidated, they can be compromised and they can make genuine mistakes," he added.

On its part, the IEBC on Tuesday submitted its 54,000 page documents containing crucial forms 34A, 34B and 34C which are key in tallying the presidential votes. This was in accordance with the tight deadline both the IEBC and Uhuru Kenyatta legal teams are grappling with.

Earlier when he spoke during the swearing in ceremony of Vihiga County Governor Wilbur Otichilo, NASA principal Musalia Mudavadi warned the 7-judge bench against "making a 2-minute judgement as was in the 2013 presidential petition."


On his part, however, speaking during the mass for the commemoration of his father who passed on 39 years ago, President Uhuru Kenyatta expressed high hopes in winning the historical case before the court.

“We are confident and hope that what is up there will be a success. When we go through that process successfully, which I am sure it will be, we will come here to celebrate,” Uhuru has told a congregation on Tuesday.

Law Society of Kenya has also criticised the political factions over chest thumbing in the case.


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