The application that was filed on March 25 was meant to obtain the marked registers that are sealed within special envelopes which are in turn sealed in ballot boxes.
Kilonzo argued that the marked registers would provide the correct number of voters as opposed to the number reflected on the electronic register which she argued were not used hence could not be relied on to reflect the total number of voters.
However, in its ruling to reject the notice to produce application, the Supreme Court termed it as misplaced and misdirected. Justice Ibrahim Mohamed who read the ruling said that no application was filed for the notice with the Supreme Court.
Mohamed further added that the application was made late since it needed to be considered. He said that the notice to produce application should have been filed with the petition.
Following this ruling, the formal proceedings of the petition that is challenging the declaration of Uhuru Kenyatta as the winner of the March 4 poll is currently underway and will run until tomorrow with both the petitioners and the respondents having seven and a half hours each to make submissions and responses.
-The Star
