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Wednesday, November 15, 2017

Maraga on fire, dismisses Caleb Wamaya's 'feelings' about petition

There was drama at the Supreme Court on Wednesday after Chief Justice David Maraga dismissed an application by voter Caleb Wamaya.

The former presidential aspirant wanted to be joined to petitions against Uhuru Kenyatta's victory.

He did not take this dismissal slightly and said the top court had abused his rights.

"I have a feeling that you have been too cruel to me. This application was filed on 7th. It was an ex parte and no party was opposed to it but I have not been allowed to enforce my rights."

Wamaya said he had suffered discrimination for representing himself.

"It is unfortunate that my application was not allowed," he said, adding he was "disappointed" and would go home "a sad man".

"I am going home a disappointed person...I knew the last resort was the court after being denied my rights by the IEBC...it's unfair and too cruel...it is not right."

Related: Supreme Court kicks NASA out of Uhuru election petition

But an agitated Maraga told off the voter saying their decision was proper and that they respected laws.

"For you to say we are abusing your rights...think about that and check your language. We have more than 29 million voters...if we allow everybody we ill not move," he said.

"You were here last night and I told you we have more than 29 million voters. If we allow each of them to talk we will require a year or two to determine cases," he said. "Talk to your MP on changing the law so we can have one year to hear your petition."

The Supreme Court will rule on the ongoing presidential election petition next Monday.

Maraga noted on Tuesday that time limits and efforts to prevent a constitutional crisis mean judges have forced judges to deliver a ruling by November 20.

He said parties will not be allowed to read through all the submissions and affidavits they have filed.

"If we allow you to read through all the submissions, we shall be here forever yet we have until Monday to deliver the ruling," he said.

The Supreme Court expunged IEBC memos from the petition and declined to allow NASA and Jubilee to join the proceedings.

It also denied AG Githu Muigai's prayer to join the petition as amicus but allowed his office to be an interested party.

Read: IEBC memos expunged from presidential election petition

Also read: Ruling for presidential petition to be given on Monday - Maraga


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