RAILA AMOLO ODINGA & STEPHEN KALONZO MUSYOKA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, CHAIRPERSON, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & UHURU MUIGAI KENYATTA

RULING

[1] This is an application by way of Notice of Motion dated 25^th August, 2017, seeking to strike out and/or expunge from the Court record documents which were not served by the petitioner upon counsel for the 3^rd respondent. The documents sought to be expunged from the record on grounds that they were not served are:

(a) Prof. Kaloki’s Affidavit referred to at paragraph 22 of the 1^st petitioner’s affidavit sworn on 18^th August, 2017 in support of the petition herein.

(b) Dr. Nyagasi Oduwo’s further Annexures marked as (DNO-1) being a copy of the Blank Form 34 A for Ruai Girls Secondary School Polling Station in Kasarani Constituency.

(c) Dr. Nyagasi Oduwo’s annexures labeled ‘Meru’ marked as (DNO-2A) in support of the averments contained at paragraph 12-69 of his Affidavit.

(d) Dr. Nyagasi’s annexures labeled ‘Trans Nzoia’ (DNO-3N) in support of the averments contained at paragraphs 70-137 of his Affidavit.

[2] In particular, the applicant seeks to expunge from the Court Record the f…