Lawyers in poll petitions at the Supreme Court will on Wednesday morning be given time to agree on the issues they want judges to handle.
Chief Justice Willy Mutunga had on Monday asked them to decide during lunch break the issues they would want the court to decide upon from the three petitions.
They could not agree, and each party was asked to file its list of issues for determination.
They will have 15 minutes each on Wednesday morning to discuss before the court what they would like the judges to determine.
Mr Fred Ngatia for President-elect Uhuru Kenyatta on Tuesday told the judges that four of the teams had filed the issues. All would want the court to decide who would pay for the petition.
Mr George Oraro for Prime Minister Raila Odinga had filed four issues. Mr Katwa Kigen, representing Deputy President-elect William Ruto had five.
Mr Njoroge Regeru’s team, which represents TNA activists Moses Kuria and Dennis Itumbi listed three issues. Their petition is on whether the rejected votes ought to be considered votes cast in calculating each candidate’s percentage.
Ms Lucy Kambuni, who is in the team representing IEBC Chairman Issack Hassan, filed six issues for determination.
Ms Kethi Kilonzo for Africog said she was satisfied with the court’s decision.
Tuesday morning is designated for the start of hearings, where the lawyers make their arguments and present any witnesses they might have.
First, though, the court will dispose of the matter filed by TNA activists, which is different from the two petitions by Africog and Mr Odinga. This should be finalised by 10.30am.
The petitioners— Mr Odinga and Africog, will then share seven hours— while the respondents— IEBC, Mr Hassan, Mr Kenyatta and Mr Ruto—will also share seven hours.
Mr Ngatia had strongly objected to a suggestion by the judges that the electoral commission and Mr Hassan, the returning officer for the presidential election, be given more time.
-Daily Nation