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Wednesday, August 31, 2022 – There was drama at the Supreme Court earlier today after lawyers representing the Independent Electoral and Boundaries Commission (IEBC) clashed over the use of the affidavits filed by renegade Commissioner Irene Masit.

Masit is one of the four commissioners who opposed the presidential results announced by the chairperson, Wafula Chebukati. 

Senior Counsel Githu Muigai – representing the IEBC chairperson Wafula Chebukati – argued that affidavits filed by lawyers whose appointment had been struck out should not be used.

He was referring to the appointment of Issa Mansour as the lawyer representing Masit, vice chairperson Juliana Cherera, Francis Wanderi, and Justus Nyang’aya. 

“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 argued.

However, Senior Counsel Paul Muite – representing the four dissenting commissioners- stated that the striking out was on the appointment of the law firm and not the documents.

“There is an error that was stated by my colleague. The ruling by this honourable court struck out the notice of appointment of advocates by Issa that is what I heard with my ears,” Muite stated.

The clash saw Chief Justice Martha Koome intervene as she directed Julie Soweto – a member of Raila Odinga’s legal team, to identify the document she was referring to in her submissions.

Counsel (Muigai) without wasting a lot of time, I think we are capable of discerning our own ruling. Let her (Soweto) identify the affidavit she is referring to,” she stated.

The Kenyan DAILY POST.

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