LIVE: Supreme Court holds status conference
What you need to know:
- Lawyers representing different parties oppose Katiba Institute's Yash Pal Ghai prayers to be enjoined in the suit.
- Jubilee lawyer Fred Ngatia says Katiba Institute authored an article on implications of a Kenyatta presidency. It has "a deep-seated resentment for the third and fourth respondents (Kenyatta and Ruto)".
- Prof Ghai says Katiba Institute represents the public's interest as he seeks to be enjoined in the case.
- Supreme Court to rule at 3pm on Prof Ghai's request to participate in the elections suit.
The Supreme Court is sitting for the second day to hear arguments from parties to the presidential election petitions.
The court is expected to rule on some preliminary matters raised by lawyers on Monday.
On Monday, the Supreme Court ordered the re-tallying of the presidential votes in 22 polling stations across the country.
In their first sitting to set the ground rules for determining three petitions challenging the outcome of the presidential elections, the six judges gave orders and strict deadlines by which the parties are to fulfil the court’s orders.
The judges also ordered a fresh scrutiny of all Form 34 used by the electoral commission in tallying the presidential votes in all the 33,000 polling centres across the country as well as the Form 36s used by the commission in entering presidential constituency results.
“There shall be a scrutiny of all forms used in tallying presidential results. The scrutiny shall be aimed at scrutinising all votes cast and the registered voters to establish the accuracy of comparing registered voters with votes cast,” ruled the judges.
All reports and results must be filed with the court by 4pm on Wednesday.
Prime Minister Raila Odinga has challenged the Independent Electoral and Boundaries Commission’s (IEBC) declaration of Mr Uhuru Kenyatta as winner of the March 4 presidential elections. Mr Odinga argues in his application that some polling centres had more votes cast than registered voters and that the commission inflated the voter turn out to favour Mr Kenyatta.
The six judges — Chief Justice Willy Mutunga, Justices Philip Tunoi, Jackton Ojwang’, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u — began the pre-trial hearing with an assurance of justice for all parties.
