According to the Attorney General and the Independent Electoral and Boundaries and Commission, the bench must immediately dismiss the case since the High Court does not have the authority to make decisions regarding presidential election disputes. In response, the Attorney General maintained that the Ethics and Anti Corruption should deal with leadership and integrity issues in the initial phase.
Kenyatta’s lawyer Evans Monari insisted the court to dismiss the case as it is funded by the Open Society of the USA, which evidently taints its impartiality.
He told the court: “All the petitions have been filed by individuals and organisations that are interrelated and whose source of funding is primarily the Open Society of America and whose objective is to disrupt our democratic processes and whose objective is aimed at whipping the sentiments of the people of Kenya against a candidate or candidates. My submission is that these petitions should be dismissed in limine.”
“This court is being asked to go outside the law based on arguments which is not recognised in the law. If the orders are allowed, it would not only the grievance of William Ruto or Uhuru Kenyatta but that of millions of their supporters. And that would be in disregard of the public interest and doctrine of universal suffrage,” Mungai declared.