On Tuesday morning, Nasa lawyer Okongo Omogeni told Supreme Court that the coalition lawyers are finding it hard to access the electoral body’s server.
“My Lords, I have just been called by James Orengo and information I have is that we are having compliance challenges with court order issued on Monday in terms of access to IEBC servers,” Omongeni said
“Orengo has requested me to inform the court that when he comes he will interrupt the court submissions to make a report on non-compliance of the order issued on Monday,” said Omogeni.
He added that a letter has already been written to the Registrar of the Supreme Court and give details of non-compliance of IEBC.
Senior counsel James Orengo acknowledged that the exercise at Milimani Court which involves examination of various forms is going on smoothly despite some documentation not made available.
Mr. Paul Muite called for more staff to facilitate access of the forms to enable the exercise completed within the set time.
On access to the IEBC servers, Mr Orengo noted non-compliance challenges which the Nasa team has addressed through aletter written to the Supreme Court Registrar. “We have a written letter to the court and perusal of it shows that there is substantial non-compliance. This will have effect on what we are going to submit at 5pm later today,” Orengo noted.
Lawyer Paul Muite who is representing the IEBC denied Orengo’s non-compliance remarks saying that the matter is occasioned by the time difference between Europe/France and Kenya (1 hour difference, summer season- check world clock)
He explained that the IEBC servers are hosted in Europe/France and staffs who are supposed to give access window with safeguards are just waking up and will prepare the system in about an hour for Nasa team to access.
“My Lord we have not denied the petitioner access, they will access the servers in an hour or so once everything is set up,” said Paul Muite.
Orengo however said Paul Muite’s excuse is not justifiable as Supreme Court orders were made when people in Europe were awake, “We need compliance in time so that we prepare our responses in time,” he added.
In giving ruling on the non-compliance matter, Chief Justice David Maraga warned against the non-compliance. “Tell your clients to observe the court order, it is for the parties and their agents to work around it and anyone who fails to comply shall be dealt with or asked to explain,” said Maraga.
