Major setback for Uhuru after latest Supreme Court ruling

The ruling by the seven-judge bench is a major win for Raila's team in the case.

The Independent Electoral and Boundaries Comission (IEBC) and President Kenyatta were united in asking the court to throw out four pieces of affidavit evidence that Nasa relies on to prove that the commission supplied the court with forged documents.

Nasa have been accorded five hours to present their case before the seven-judge bench headed by Chief Justice David Maraga while the IEBC and its Chairperson will have three hours and one and a half hour respectively to respond.

President Kenyatta has been allocated three hours before the judges to lay out their case and respond to NASA’s claims.

The judges said the three respondents; Kenyatta, IEBC and Chebukati failed to demonstrate that the documents would change the character of the petition.

“The application therein has not claimed nor demonstrated that the filing of the documents and annexures in question seek to introduce new evidence or change the character of the petition,” said Justice Smokin Wanjala.

Meanwhile, the ruling on Raila’s application for access to IEBC servers will be made Monday morning.

Nasa has asked to be allowed to access the server logs as well as the gadgets used to identify voters and transmit the results that were part of the Kenya Integrated Election Management Systems.

NASA lead lawyer James Orengo on Saturday night said they had discovered that the forms submitted to the court by IEBC could not be trusted as they appeared to have been fabricated.

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