Nairobi — A suit seeking to have the Attorney General and the four dissenting Independent Electoral and Boundaries Commission (IEBC) commissioners kicked out of the presidential petition has been disallowed by the Supreme Court.

While allowing the AG's inclusion, the seven-judge bench found that it is imperative to have the specified members of the National Security Advisory Committee (NSAC) be given an opportunity to set the record straight and to assist this court in the determination of the issues in controversy which are shared across other petitions that have been filed in relation to the presidential petition.

Affidavits filed at the Supreme Court by IEBC Chairman Wafula Chebukati and Commissioner Abdi Guliye indicated that (NSAC) members wanted to subvert the will of the people by asking them to moderate presidential results in favor of Odinga.

According to Chebukati and Guliye, the members who visited them at the National tallying centre to issue the demands included Principal Administrative Secretary at the office of the President Kennedy Kihara , Solicitor General Kennedy Ogeto, Inspector General of Police Hillary Mutyambai and LT. General Francis Omondi Ogolla the Vice Chief of Defences.

"It is fair that the officers and offices against whom such allegations have been made are allowed the opportunity to be heard and to respond to the said allegations and not to be condemned unheard, and that the application is timeous considering the impugned affidavits were filed on 27th August 2022," the judges ruled.

The court also allowed the application to admit on record the replying affidavits of the four IEBC commissioners - Juliana Cherera, Justus Nyang'aya, Francis Wanderi and Irene Masit - who disowned the results of the presidential election.

The court found that it would be premature to disallow the affidavits, while leaving the responses on record.