The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to decline a request by the Orange Democratic (ODM) Party to be supplied with the complete register of the Kibra constituency ahead of the November 7 by-election.
The electoral body which has been sued by ODM party maintains that it has already availed the truncated version of the register to the party as provided in the constitution.
Appearing before Justice James Makau, the ODM party through a certificate of urgency pleaded with the court to issue orders compelling IEBC to provide them with the complete register ahead of the by-election.
Through lawyer James Orengo, the ODM party revealed that an out of court settlement with IEBC over the matter failed after it became economical with the truth.
In its submission, IEBC maintained that the Kibra constituency voter register is currently open for the purposes of inspection and verification by voters.
The commission while seeking the court to dismiss the petition by the ODM party said that it is obligated under the law to put in place mechanisms to ensure confidentiality in the management of the register.
Justice James Makau is set to make a ruling on Wednesday
Elsewhere, a police officer who was charged with conspiracy to defeat justice alongside the wife of the late Nairobi businessman Jimmy Baburam will know their fate on November 15 this year.
Former Sgt Abdi Shee and Amina Shiraz the deceased’s wife allegedly conspired to conceal evidence of the murder of Baburam.
It is alleged that Shee received 45,000 shillings via money transfer from Shiraz in order to conceal murder evidence.
Shiraz and American fugitive Jacob Schmalze who is on the run is also facing murder charges at the Mombasa high court will know her fate on December 3.
In their submissions, Shee and Shiraz want the court to dismiss the case claiming the prosecution failed to prove beyond a reasonable doubt that the suspects conspired to defeat justice.