IEBC memos have been dismissed from the continuing presidential petition. President Kenyatta asked the court not to acknowledge the memos as they were obtained unlawfully.
The electoral agency said petitioners Njonjo Mue and Khelef Khalifa were on a trawling expedition as they have no suitable case against it.
“This application should be expunged with cost,” its lawyers told the Supreme Court on Tuesday.
Lawyer Julie Soweto, who emerged for the ICJ and MUHURI chairmen, requested the court to order analysis of election materials as well as polling station diaries, Forms 32 A and B and GPS coordinates for all of them.
The two also want IEBC chair Wafula Chebukati obliged to present memos exchanged by commissioners between September 20 and October 30.
Chief Justice David Maraga also refused prayers by NASA and Jubilee to join the procedures.
NASA sought to join the petition on grounds that its co-principals are openly mentioned but Chief Justice David Maraga did not allow this.
The court denied AG Githu Muigai’s prayers to be an amicus saying his application did not address points of law that have
However, the Attorney General’s office has been allowed to join as an interested party as concerns raised by the petitioners touch on the conduct of state officers.
“We have gone through the application by the AG and generally agree the merit of the application meets the criteria and admitted as an interested party,” Justice Njoki Ndung’u said.
The judges said they will issue thorough reasons as to why they declined to grant the prayers at a later date.