, NAIROBI, Kenya, Nov 15 – The Supreme Court has declined to grant parties to the presidential suit before it access to the IEBC servers, KIEMS logs, polling station diaries and internal memos.
It has however given the parties access to the original election result forms and a certified copy of the voters register.
Njonjo Mue and Khelef Khalifa who want President Uhuru Kenyatta’s election victory voided, yesterday applied for the access in order to prove their case that results for Garissa and Murang’a and possibly elsewhere were altered.
“Some of the prayers have been declined due to the sheer impracticability of their implementation given the short time left for the determination of the petitions at hand. Others have been declined because they were not pleaded with sufficient articularity in the petition yet others were declined on grounds that they are couched in such general terms as to be no more than fishing expeditions,” Supreme Court judge Smokin Wanjala read on behalf of the bench.
Unlike in the Raila Odinga petition, the court has also declined to commission a report on the outcome of the scrutiny of the forms.
“The order is clear, you have access, what you do with your access is your business. So just go get access, get whatever information you want of there, once you’re out of the warehouse or whatever the place is called, do with it what you want,” Deputy Chief Justice Philomena Mwilu directed.