Wednesday, August 31, 2022 –Former Attorney General Githu Muigai and lawyer Paul Muite today differed in court following claims of expunged documents sneaking their way into the courtroom.
Senior Council Muigai who is representing the Independent Electoral and Boundaries Commission IEBC Chairman Wafula Chebukati stood on a point of order interjecting Lawyer Julie Soweto’s address.
Soweto had just opened a document on one of the estranged IEBC Commissioners, Irene Masit, when Githu exploded saying the referenced documents had, yesterday, been struck out together with the appointed lawyer Issa Mansour.
“To the extent that the affidavit was filed in documents by Issa Mansour. The understanding from yesterday was that his documents were struck out alongside his notice of appearance, then there ought not to be a reference to that affidavit,” Githu argued.
But immediately Githu had protested against the document, Lawyer Muite who is representing the splinter IEBC side took issue with him claiming his learned friend had lost the point.
Muite would quickly remind him on the judges’ directive and said only the lawyer was stopped from representing IEBC but documents stand appropriate.
“There is an error that was stated by my colleague. The ruling by this honourable court struck out the notice of appointment of advocates by Issa that is what I heard with my own ears,” Muite hit back.
This clash quickly saw Chief Justice CJ Martha Koome interject by asking Githu to have faith in their leadership since they also have an ability to make a sound judgment on the standoff.
“Counsel (Muigai) without wasting a lot of time, I think we are capable of discerning our own ruling. Let her (Soweto) identify the affidavit she is referring to,” Koome directed.
However, Ms Soweto humbled Githu by clarifying that the documents she was presenting to the judges were from Masit’s lawyers; quite different from the law firm Muigai had taken issue with.
Julie Soweto, the constitutional lawyer for Azimio went ahead to demonstrate how 41 Forms 34A from the IEBC public portal differ from what was presented at the Bomas of Kenya on the day Ruto was announced.