Leaked memos from IEBC Chairman Wafula Chebukati to CEO Ezra Chiloba opened a battle ground at the Supreme Court on Tuesday.
This was during a pre-trial conference on a petition filed by two petitioners; former Kilome MP Harun Mwau and lobby groups led by Njonjo Mue and Khelef Khalifa.
President Uhuru Kenyatta’s legal team called on the judges to expunge the five memos filed by the petitioner.
Through lawyer Melissa Nga’nia in her submission, she argued that the memos were acquired in a dubious way and therefore, they should not be allowed in court.
She stated the petitioner who filed the documents in court did not ask for them officially from the IEBC as required.
This, she said, was contrary to the law and if the memos are relied upon by the court, it will put the case in peril.
“They are clearly internal memos, without such request, it is best to assume that the memos were obtained illegally,” said the lawyer.
However, Julie Soweto, counsel for the petitioner Njonjo Mue argued against this saying the documents were in public domain.
Soweto also said that Uhuru has failed to demonstrate he will suffer prejudice if the documents are to be retained by the court.
She said the memos are a critical aspect in the case by her client.
“They have been circulated broadly. The documents are important. The arguments here cannot stand. Public interest outweighs the objection by the two,” said the lawyer.
After the August polls were nullified by the court, Chebukati sent out a twelve-point memo to Chiloba seeking explanation on different aspects highlighted by the Supreme Court in its nullification ruling.
The memo was leaked to the press and it drew political heat between Jubilee and NASA.
A while later, another memo addressed to Chiloba by Chebukati was also leaked.
Lawyer Fred Ngatia who is part of Uhuru’s team asked the court to disqualify NASA from the petition.
Ngatia argued it was not proper to have NASA challenge Uhuru’s victory when it is them that called for a boycott on the elections.
But NASA lawyer Paul Mwangi vehemently refuted this citing their petition in disputing Uhuru’s victory has basis.