Supreme Court Judge Mohammed Ibrahim did not attend Tuesday’s proceedings after being taken ill.
The Chief Justice said that he was being attended to by a doctor.
He missed out on hearing defenses from the third respondent-President Uhuru Kenyatta who has been represented by Lawyers Fred Ngatia, Ahmednasir Abdullahi and Ken Ogeto.
In their three hours argument, Ahmendnasir told the seven-Judge bench that the election was not a fraud as claimed by NASA-the petitioners.
He noted claims by NASA that some forms were not signed or stamped by an IEBC officer should not be reason to invalidate the election of President Uhuru Kenyatta.
He told the Judges they must find a just course as to why more than 8 million Kenyans turned up to vote for his client.
“You must find that the people who voted on August 8 were entitled to the right to vote as prescribed by Article 38 of the Constitution,” said the lawyer.
He trashed NASA’s argument that the election should be nullified on the fact that IEBC was flawed.
He said the system cannot be perfect in totality and that the court should take a result-oriented approach in drawing its ruling on the matter.
“Hold some arguments with a belt and suspender…it is about the vote. Courts cannot demand voter certainty. The essence of this election is whether the voters voted.”
Ngatia on his part said claims by NASA that the election was flawed do not hold water.
He urged the court to dismiss the petition with cost.