History is repeating itself in the presidential election petition by the National Super Alliance (NASA) after it was discovered the coalition continues to present more evidence well past the stipulated deadline.
Well we have come across information in which the Supreme Court says the Raila Odinga-led coalition filed more documents on Sunday, August 20, two days after the deadline had elapsed.
It will be remembered that the Opposition filed the 25,000 pages backed petition on Friday, August 18, and around 10:30pm, less than two hours before the midnight time limit.
Nasa however argues that the documents it filed on Sunday – two days later – are not new evidence but an extension of what they had presented on Friday, although Supreme Court registrar Esther Nyaiyaki disagrees saying the new documents had been documented as received on Sunday, August 20.
There’s a high possibility the new documents may be thrown out when the hearing begins in a few days. There’s already precedence to that as back in 2013, when Raila first moved to the Supreme Court with the prayers that the court cancels Uhuru Kenyatta’s win, a 900-page evidence was thrown out by judges for late filing.
According to Nasa, the documents are forms 34A which is merely an extension of those filed on Friday.
“A document is deemed to have been filed when it was paid for and, in this case, that was done before Friday midnight. That is the legal position,” the Nation quoted Raila’s lawyer Paul Mwangi.
The Independent Electoral and Boundaries Commission (IEBC) is already crying foul about the new development and has written to Nasa seeking anwers at to why fresh documents were being filed past the deadline.
Nasa decided to seek legal redress in what it called a flawed process that led to President Uhuru Kenyatta being declared the winner of the August 8, 2017 oll, and is asking Kenya’s highest court to overturn the announcement