Nasa beats midnight deadline, files 20,000-page petition – What We Know


Barely two hours before the August 18 midnight deadline, Nasa lawyers arrive at the Supreme Court ...
Barely two hours before the August 18 midnight deadline, Nasa lawyers arrive at the Supreme Court of Kenya buildings to file a petition challenging President Uhuru Kenyatta's reelection. PHOTO | SAM GITUKU

The National Super Alliance (Nasa) has filed a petition at the Supreme Court challenging IEBC’s declaration of President Uhuru Kenyatta as winner of the 2017 presidential election.

After keeping their supporters waiting, some of who camped all day (Friday, August 2017) outside the Supreme Court buildings in the heart of Nairobi City, Nasa lawyers eventually arrived at least an hour and a half to the midnight deadline to file the much-anticipated petition.

Awaiting NASA Leaders at the Supreme Court #NasaPetition

Posted by ODM Reloaded on Friday, August 18, 2017

Earlier, NASA sources had intimated that the NASA principals would head to Uhuru Park to address supporters before heading to the Supreme Court buildings to file the suit.

However, that was not to be with the opposition coalition instead sending a press release saying they would be filing the petition at 3pm but a few minutes later issued an apology clarifying that the filing would be delayed.

The Coalition’s presidential candidate in the August 8 election, Raila Odinga says the petition is over 20,000 pages long and contains all the evidence gathered.

Nasa leader Raila Odinga at the Supreme Court of Kenya buildings when coalition lawyers filed the mush-anticipated petition about one hour and half before the August 18 midnight deadline | PHOTO: COURTESY
Nasa leader Raila Odinga at the Supreme Court of Kenya buildings when coalition lawyers filed the much-anticipated petition about one hour and a half before the August 18 midnight deadline | PHOTO: COURTESY

“We have left matters in the hands of Supreme Court and expect nothing but justice,” Odinga said.

According to Nasa, 25 lawyers were involved in preparing the much-anticipated petition with 90% of documents filed being evidence.

Nasa says they have electronic evidence showing how slain Independent Electoral and Boundaries Commission (IEBC) ICT manager Chris Msando’s allegedly stolen credentials were used to rig the election, a claim Nasa has consistently maintained.

Nasa must serve the IEBC and its chair Wafula Chebukati as well as President Uhuru Kenyatta by Sunday. The two will then be required to file their responses in court by Thursday next week, being the 24th of August.

Should NASA need to adduce more evidence, they may do so the following day through interlocutory applications. The window also allows persons who may want to be enjoined in the case to apply.

A pre-trial conference will be held on the August 26 where hearing should commence after that and proceed even at night should need arise and conclude in good time for judges to retreat to write the judgment.

The Supreme Court, which has introduced changes to fast-track the petition, has until September 1 to deliver a verdict.

 

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