Deputy President William Ruto has suffered a setback in the presidential petition at the Supreme Court after the court dismissed his application seeking to dismiss the affidavits and evidence tabled before the court on alleged hacking of IEBC systems by his allies.
Ruto’s close associates Davis Chirchir and social media spanner boy David Itumbi are implicated in the alleged hacking of IEBC systems, according to materials submitted before the apex court.
The court ruled:
“WE OPINE that the said affidavits reveal that they contain factual contestations which have been responded to substantively by the 1st respondent and by the applicant including through the affidavits of Martin Wachira Nyaga (on behalf of the 1st respondent) and by Dennis Itumbi who has
been directly implicated and Davis Kimutai Chirchir on behalf of the applicant…”
“It is only proper that the Court be allowed to consider the totality of the evidence before it and as guided by the rules of evidence be able to discern the probative value and evidentiary threshold of each of the evidence adduced by each party. Striking out of the affidavits at this early juncture in isolation while leaving the responses on record, in our view, is premature under the circumstances.” part of the ruling read.
“Regarding the request to expunge specific paragraphs of the petition, again we note that it is an issue that can only be dealt with on merits as and when it is made in each of the impugned instances,” continued the ruling.
“In the same vein, the Court is aware of its circumscribed jurisdiction both under Article 140 and as an election court in respect of potential electoral and other offenses and will defer this issue to be dealt with appropriately” the ruling continued.
The apex court noted that the applicant (Ruto) had not persuaded the court to grant the sought reliefs and dismissed the application altogether.