Supreme Court Judges said that the application by the petitioner was time barred as it had been made after the time set for such applications.
In a ruling read by Justice Mohamed Ibrahim, the petitioner did not make any formal application requesting for the court’s intervention to have the IEBC produce the manual voter register as used in the election.
“There was no formal application by the petitioner for the production of the Marked Voters register,” said Justice Mohamed.
The Supreme Court said that the delay by the petitioner to formally file their application led to the dismissal of the request.
“If the petitioner had filed the application within the constitutionally allowed time, then it would have captured the eye of the Judges and it would have been considered.”
Counsel Kethi Kilonzo had sort the court’s intervention to compel the IEBC to produce the manual marked register so as to help in identifying any irregularities or other malpractices in the electoral process.
The application by Africog faced vehement opposition from the respondents with the IEBC saying that the application was out of time.
IEBC further argued that the application by Africog was not time sensitive as it would take them between seven to ten days to provide the register.
The electoral body further cited cost issues saying that producing copies of the registers would require huge amount of money, human labour and time.
President elect Uhuru Kenyatta’s lead counsel Fred Ngatia said that the application was not only out of time but was also filed with ill intention.
On Tuesday, the Supreme Court also rejected an application by Prime Minister Raila Odinga’s (main petitioner) legal team to compel the IEBC to produce all electronic logs from its servers to be used in the case.
This came even after the Supreme Court rejected the introduction of a 900-page affidavit by Odinga’s team as evidence.
By Koome Kimonye.