Nairobi — The Supreme Court on Tuesday allowed the admission of affidavits that were filed at the registry after the required timelines for the presidential petition seeking to overturn President Elect William Ruto's victory.
In a ruling read by Deputy Chief Justice Philomena Mwilu during the Status Conference, the affidavits were allowed on condition that the Presidential Petition is a weighty matter and they will play an important role in serving justice to all involved.
"On account of dictates of Article 48 of the Constitution of Kenya 2010, in respect of access to justice and the national importance nature of the presidential election petition we direct that all pleadings that were filed out time including those that were filed by 2 o'clock today be and are hereby deemed to have been filed in time," Mwilu said.
She however indicated that those addressed in the affidavits will not submit written responses, but will orally respond during hearing which kicks off Wednesday.
"Parties against whom such filings are are made shall not respond to them by way of replies but rather shall be at liberty to reply to by way of oral during hearing. At all times this Court reserves the rights during judgement upon consideration of the issues therein raised and the relevant law to expunge from the record pleadings that offend procedures of the court," Mwilu stated.
Earlier on, Senior Counsel Githu Muigai had requested the 7-judge -bench led by Chief Justice Martha Koome to admit the affidavits as they were crucial in shaping the outcome of the case
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"We beseech you that if you find that it is out of the normal timelines, you nonetheless grant us an extension of time because resolving this matter is very fundamental to resolving the petition," Muigai said.
"It is this court that has repeatedly cautioned us that we should never attempt to resolve such a weight matter as to who is the legitimate president of the Republic of Kenya? On the basis of subterfuge."
Muigai is representing Independent Electoral and Boundaries Commission (IEBC) and Chairperson Wafula Chebukati.
Senior Counsel James Orengo who is representing Azimio La Umoja One Kenya Presidential Candidate Raila Odinga was of the view that the late documents should be struck out.
"I would invite the court to look at those pleadings that have been filed out of time and without the leave of the court to be struck out because parties that have been served with these pleadings the last hour will not be able to respond to them," Orengo said.
The respondents in the case who include President Elect Ruto, the Independent Electoral and Boundaries Commission among others had until Saturday to file their response affidavits.
