Supreme Court heavily guarded as petition hearing starts

The Supreme Court and its precincts were Monday heavily guarded as the hearing of the presidential petition filed by Mr Raila Odinga commenced.

A heavy contingent of security personnel cordoned off the area as police officers in lorries went round to keep off any unwanted persons.

The officers were cautious, especially after Mr Odinga said his supporters did not need any permission from the police to hold a vigil in the area surrounding the court.

Shops and business surrounding the Supreme Court building, City Hall Building, Trans National Bank House and Kencom bus stage were affected by the formal start of hearing of the petition.

Even though a Monday, there was little activity around these landmark buildings which provide some very important services to the residents of the city.

It was not just that there were no crowds, but customers were not allowed nearby as police officers on horse backs and also in trucks moved around keeping off passers-by.

NASA VIGIL

The high level security may have had something to do with threats from the National Super Alliance (Nasa) leaders who on Sunday asked their supporters to throng the area and keep vigil as the hearing goes on.

The call was soon opposed by Nairobi police Boss Japheth Koome who declared that he would not allow anybody around the Supreme Court, sucking Mr Odinga who said they would proceed with the vigil because the law requires them to merely notify the police.

There was no sign of Nasa supporters when the legal teams of the various parties involved in the case started trouping to the courtroom as early as 8am.

RAILA ARRIVES

Mr Odinga’s arrival had the usual drama accompanying it.

In the company of colleagues, Musalia Mudavadi, James Orengo and Vihiga senator George Khaniri, he made to the court with a large contingency of supporters and bodyguards.

However, security guards attempted to stop the large contingent from accessing the building mainly based on the fear expressed by lawyers on Saturday that there was no space in the courtroom.

In fact, they attempted to stop Mr Odinga’s and the other leaders’ bodyguards from accessing the courtroom with their firearms.

The tight security that were manning the single gate that is entry to the court were involved in a brief scuffle with Mr Odinga’s bodyguards.

Lawyers and politicians from both sides in the case started arriving in the court as early as 8am, ready for the hearing.

Also present were Wiper leader Kalonzo Musyoka, Mombasa Governor Hassan Joho and former Machakos Senator Johnson Muthama.

On the Jubilee side were President Uhuru Kenyatta’s personal assistant Jomo Gecaga, his agents Winnie Guchu and Davis Chirchir, Garissa Town MP-elect Aden Duale, Elgeyo-Marakwet Senator-elect Kipchumba Murkomen, his counterparts Kithure Kindiki (Tharaka-Nithi) and Irungu Kang’ata (Murang’a) and George Khaniri (Vihiga).

JUDGES

The seven judges of the court led by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justices Mohamed Ibrahim, Jackton Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola arrived in the packed courtroom a few minutes past 9am.

The Judges first read a ruling on an application by National Nasa seeking to be allowed to access IEBC severs and kits among other items.

The ruling was read by Justice Lenaola.

NASA STRATEGY

Nasa adopted a strategy where each lawyer was tasked with dealing with a section of the petition.

First to take stand was James Orengo who dealt with constitutionalism and lack of security features.

He was followed by lawyer Otiende Amollo who dealt with anomalies.

He talked of 32 fundamental breaches.

He was followed by Okong’o Omogeni who addressed the issue of public servants allegedly abusing the electoral law in favour of President Kenyatta.

He also made a request to the court – which was outside the petition – suggesting the court makes an amendment to the law on the extension of the timelines for determination of the presidential petition.

He was followed by Paul Mwangi who addressed legal issues and Dr Mutakha Kangu soon followed him as they covered five hours allocated to them by the court.