The Hearing of the presidential petition filed by NASA brigade is set to commence on Sunday, August 27 at 3pm.
The hearing will be preceded by a ruling on an application by NASA lead counsel James Orengo to access IEBC servers.In their application NASA lawyers asked the court to grant them permission to access the logs to verify whether the presidential results announced by IEBC correspond those tallied in Forms 34A, 34B and 34C.Orengo argued in his application that their allegations will be substantiated by the logs that elections were rigged in favour of President Uhuru Kenyatta.
"Since we are starting at 3pm we will come and deliver rulings at 2pm," Chief Justice David Maraga said.Orengo pointed that the forms presented by IEBC as evidence is a forgery and may be altered and do not correspond the originals.The Siaya senator said that some forms had security bar codes that did not correspond with those allocated to ballot papers used during elections.Orengo cited a situation where some forms if viewed under a bar code device they show some place in France instead of showing a constituency in Kenya.
The NASA counsel leader also said that some Forms 34B did not contain the final results as tallied by returning officers at the constituency.He also added that candidates' names were used interchangeably in some Forms, he cited that some Forms bear the name of Raila Odinga as Raila Amollo Odinga on some it's Odinga Raila, Uhuru Kenyatta sometimes the name is Kenyatta Uhuru.Uhuru Kenyatta's lawyers opposed to NASA's request saying the burden of proofing that elections were rigged did not lie with the electrol commission.Lawyer Ahmednasir Abdullahi told the court that NASA was demanding to a petitioner asking the defendant to produce evidence against himself.Abdullahi said the petitioner in this case is not asking for information rather he is saying I need this evidence.Lawyer Paul Mwite, representing IEBC said that the process of analysing IEBC logs is cumbersome and time consuming."A forensic audit of the KIEMS and my client's servers will take three weeks as they fish for the information, " Mwite said.Lawyer Fred Ngatia in his oral submission on behalf of the president said NASA's demand was uncalled for since they had already been served with Forms 34A and 35B.The CJ dismissed lawyer Isa Mansur's and Mwite's fears that NASA would compromise the integrity of the servers if they were allowed to access them.
