President Uhuru Kenyatta successfully skipped the first hurdle in the petition seeking to annul his second win for a second time following a disputed repeat election.
Through lead counsel Fred Ngatia, President Kenyatta told the Supreme Court Tuesday evening that NASA had instead of filing a substantive petition within timelines required in law used the opportunity as a respondent to sneak in arguments outside a petition filed by activists Njonjo Mue and Khelef Khalifa, an action Ngatia said the court must not condone.
The evidence in question were five leaked internal memos some of which had been going round at the height of internal wrangling by the electoral commission's top leadership in the run up to the October 26 repeat poll.
The court heard that the memos were obtained illegally by the petitioners and that procedure was not followed. Youthful lawyer Mellisa Ng'ania argued that the memos would jeopardise the work of the IEBC and infringe on the independence of independent bodies.
The lawyers had also prayed that the petitioner's lawyers should not make references to the coalition's presidential candidate Raila Odinga's coalition in their submissions.
NASA lawyer Paul Maina did not object to the ruling.
The hearing of the presidential election petition and President Uhuru Kenyatta's succession battles grabbed the attention of major dailies on Wednesday."Supreme Court locks out Jubilee, Nasa from petition" reported the Daily Nation which pointed out that the National Super Alliance and Jubilee Party were on Tuesday kicked out of the petitions filed at the Supreme Court, challenging the election of President Uhuru Kenyatta.
"It will not be possible to be able to answer two petitions; one which we've already answered and the other one which can not be answered", Ngatia told the Supreme Court bench under the leadership of Chief Justice David Maraga. Another will run concurrently seeking to block Nasa candidates from future elections over election malpractices.