Led by senior counsel Fred Ngatia and Ahmednasir Abdullahi, the battery of lawyers managed to convince the Supreme Court to expunge part of the evidence presented by the petitioners to corner the Independent Electoral and Boundaries Commission and President-elect Kenyatta.
The hearing of the presidential election petition and President Uhuru Kenyatta's succession battles grabbed the attention of major dailies on Wednesday."Supreme Court locks out Jubilee, Nasa from petition" reported the Daily Nation which pointed out that the National Super Alliance and Jubilee Party were on Tuesday kicked out of the petitions filed at the Supreme Court, challenging the election of President Uhuru Kenyatta.
According to Ngatia, submissions filed by NASA in response to the Mue-Khalifa petition had raised new issues altogether, instead of replying to the petition which among other things cites NASA presidential candidate Raila Odinga's withdrawal from last month's poll as having negatively impacted the conduct of the election.
Chief Justice David Maraga told the petitioners they must file a report on their findings from the returns by Thursday afternoon. "He's simply gone out of the picture and his involvement therefore in this context can not be understood other than that of coming to so to speak confuse issues", he added.
President Uhuru Kenyatta successfully skipped the first hurdle in the petition seeking to annul his second win for a second time following a disputed repeat election.
NASA's lawyer Paul Mwangi argued that the petition by IDEG does not qualify under the said Article and should, therefore, be dismissed.
"Article 163 (3) (a) is so broad such that it allows this court an exclusive jurisdiction to handle anything (dispute) relating to that election", lawyer Kioko Kilukumi.
Following the hearing of the two applications, the court adjourned for two hours to reconvene at 8pm Tuesday night.
The court has until Monday to make a ruling, being fourteen days following the filing of the petitions.