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President Uhuru Kenyatta through his lawyers Fred Ngatia and AhamedNassir Abdullahi has opposed Raila's attempts to use the court to get orders to access electoral commissions's servers.
The two accuses Raila of trying to fish for evidence to enable him build his petition by demanding a trove of documents and data from IEBC.
Ngatia and Abdullahi argued that by demanding for the Forms 34A and 34B and the logs from servers as well as the gadgets, Raila was making an application he had not pleaded in his petition.
"It is trite law and the practice that a party cannot depart from its pleadings.
"What Nasa is essentially doing is demanding for evidence. They are saying that if we don’t get this evidence, our case will collapse," Mr Abdullahi said.
The Supreme Court judges will give a verdict on Sunday as to whether Nasa is to be allowed to access the servers, with Chief Justice David Maraga saying they were in the dark regarding how long it would take to analyse the form and server logs.
"What you, all the counsel, are not telling us is how long it would take.
"You are telling us a few hours, the others are saying three weeks," he told Mr James Orengo, Mr Odinga's lawyer during a pre-trial hearing on Saturday night.
Abdullahi said the parties in the case find themselves in the same situation they were in, four and half years ago, when Odinga filed a similar petition challenging Kenyatta’s win in 2013, where Raila wanted court help him obtain key information to reinforce his case.
"It is not a function of this court to help a party build its case," Mr Abdullahi said, adding that there is no provision in law that can compel a public body to provide information to assist Nasa build its case.
Abdullahi told the court that, Safran Morpho, the firm that hosted IEBC’s servers, “is not a Mickey Mouse company” and it would take time to get the logs demanded by Nasa.
Ngatia in the other hand wondered why Raila was seeking the forms, when all presidential candidates were entitled to have agents at every polling station.
"We oppose the application in its entirety," he said.
Comments
Naswa hawana evidence hata kidogo....just wasting time for kenyans....
Naswa ni watu wa domo tu na power hungry na wameshidwa kwa debe.
Why is Uhuru Making a Fool of Himself? Or is it His Advisers that are Foolish?
Wapi tallying results na 34a za naswa tallying centre.....hamna.
Walikula pesa ya donors lakini hawakuunda centres....
Some naswa were unable to set up/ run tallying centre cannot run kenya....
Pole sana naswa kwa kueneza uongo hali walisidwa na njia ya ukweli.....
Is it possible for one who fail exam to ask knec to remark and access servers for marking scheme.....this is what naswa want....yet were students truants hawkung lies instead of what they have done or will do for kenyans..
No evidence at all. Orengo promised a bombshell; where is it and why would you be asking for servers to fish? Give us KENYANS a break. You can lie to your gang of traitors; remember treason is a felony punishable by ---Death--.
What intelligent people do first, fools do it last - Just like what all the goons in NASWA are now doing led by their foolish inciter and murderer Ojinga.
Truth be told,Uhuru and Jubilee prayed and campaigned extremely hard while the goons told everyone who cared to listen to their nonsense that they had tallying centers in Mars,Jupiter and Moon besides one each in Dar-es-salaam,Tanzania,Runda in Nairobi,Stuttgart in Germany and one in Bondo.Now it is not time to pray it is time to harvest what you sowed and these goons know it and know it very well.NASA HAO!
Copying and pasting everything is not wise. They are copying and pasting of what they heard from USA 'Russian hacked the systems' Most of those NASA midomo midomo do not know what hacking is
Muuaji Raila,Githae & Co.are wanted by Buhari in Nigeria to trap/NASA the millions of rats which have invaded the Nigerian STATE HOUSE.Payment includes taking the rats home for their own meals angalawe muuaji Raila aache kuchija watu apate kitoeo.
That IEBC server was and is paid for by Tax payers money effectively rendering the server and its contents true public records and therefore Uhuru and his gang must allow Discovery to take cause by operation of the Law.