The respondents were: Other organisations and entities that appealed for inclusion in the case as amicus curiae: During the status conference judges decided on major issues brought up by the lawyers.
The court rejected 900 pages which formed the Second Affidavit of Raila Odinga's position on the basis that it amounted to new evidence, which is not admissible under The Kenyan Constitution.
[8] Senior Counsel, George Oraro for Raila Odinga, argued it was not new evidence, but instead was 'further and better particulars', giving precise details of each allegation as was presented.
[9] The 900 pages included the evidence of Raj Pal Senna marked "RO6" which outlined the results of the forensic investigation of the IT used in the Kenyan Elections 2013 and which findings were later published as the OpCo Report[10] The court also rejected AfriCOG request that IEBC produce all register that were used to identify voter at polling stations, citing that the time limit of 7 days to hear and rule the case would not be enough for this.
[11] The court had also rejected the Law Society of Kenya and the Katiba Institute's appeal for inclusion as amicus curiae, as they were deemed to be partisan to Uhuru Kenyatta and William Ruto.
AfriCOG's petition sought to demonstrate that constitutional and legal safeguards on the election process were so breached that the accuracy and legitimacy of the electoral outcomes was laid open to question.
[12] Raila Odinga's petition sought to bring attention to the series of technological failures that cast doubt on the provisional results as tallied by the IEBC, as well as the breakdown of BVR kits on polling day.
[18] Following the determination of the case, the swearing in ceremony of Uhuru Kenyatta as President and William Ruto as Deputy President was held on 9 April 2013 in accordance with Article 141(2)(b) of the constitution of Kenya: In case the Supreme Court upholds the victory of the president-elect, the swearing in will take place on "the first Tuesday following the seventh day following the date on which the court renders a decision declaring the election to be valid.