By NATION Reporter
Posted Wednesday, March 27 2013 at 12:13
Posted Wednesday, March 27 2013 at 12:13
The Supreme Court resumes hearing of the presidential petition after a 30-minute break.
The judges have indicated that the court will sit until 7pm.
During the morning session, the court rejected an application by the African Centre for Open Governance (Africog) to compel the Independent Electoral and Boundaries Commission (IEBC) to produce the manually marked register used during the March 4 vote.
Lawyer Kethi Kilonzo had submitted that the Supreme Court had the jurisdiction to order IEBC to produce all documents relevant to the presidential election petitions.
However, the judges ruled that Africog's 'notice to produce' the register had been filed late and could not be allowed.
The judges also outlined issues that would guide the hearing of the petition challenging IEBC's declaration of Uhuru Kenyatta as President-elect.
These include: Whether the presidential election was free, fair and credible; Whether the rejected votes should have been included in the final tally of the presidential poll; What consequential declarations, orders and reliefs should the court grant at the end of the hearing.
The Supreme Court heard arguments for and against the inclusion of rejected votes in the final tally of the presidential vote.
Njoroge Regeru, representing activists Dennis Itumbi and Moses Kuria, argued that rejected votes should not count.
His argument was countered by Mr Odinga's lawyer George Oraro who said the votes are part of total votes cast in an election and must be accounted for in the final tally.
Hearing resumes at 2pm.
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