Independent Electoral and Boundaries Commission (IEBC) advocates have argued over the use of the affidavits submitted by Commissioner Irene Masit.
She was one of the four commissioners that disagreed with the presidential election results that IEBC chairman, Wafula Chebukati declared.
Wafula Chebukati’s advocate, Senior Counsel Githu Muigai argued against using affidavits submitted by attorneys whose appointment had been excluded.
He was referring to Issa Mansour’s selection to represent Irene Masit, vice chair Juliana Cherera, Francis Wanderi, and Justus Nyang’aya in court.
“To the extent that the affidavit was filed in documents by Issa Mansour. The understanding from yesterday was that his documents were struck out alongside his notice of appearance, then there ought not to be a reference to that affidavit,” he stated.
A member of Raila Odinga’s legal team, Julie Soweto, was arguing when Chief Justice Martha Koome intervened, asking her to name the document she was referring to in her arguments.
Advocate Soweto said that she was referring to an affidavit that was submitted by Masit’s attorney, who is distinct from the legal team Muigai mentioned.
One of the controversial topics the seven-judge court made decisions on was who should represent the electoral body commissioners. The court indicated in a directive that it was an internal matter and that it was unable to decide who would represent the seven commissioners.