NDEGWA NJIRU YOU CANNOT PURPORT TO BE IGNORANT OF THESE DIRECTIONS.Layers Collide griling Dr.Gikonyo

[00:00:04]I beg your mission.

[00:00:06]I beg you to report that in addition to Dr. Kinyua, the first petitioner, H.E. Raila Odinga Amolo Odinga, and his good wife, Pastor Ida Odinga, are also present as they are entitled to be.

[00:00:23]I thank you.

[00:00:25]Thank you.

[00:00:30]My lords, on behalf of the respondent, I wish to confirm that our appearances are as before.

[00:00:38]I further wish to inform the honorable court, and you, my lords, that in as far as the cross-examination of Dr. Kinyua is concerned, in the interests of time, we have nominated Dr. Otiende Amollo, and Mr. Mukenyi uh to deal with that aspect of the matter.

[00:01:04]Thank you. Thank you.

[00:01:07]I need I think the first thing is for the petitioners to lay the ground for this procedure. You know, we were past this stage. So, lay the ground for this.

[00:01:22]Um >> Why it has become necessary for us to come back.

[00:01:29]My lords, my name is Faith Odhiambo.

[00:01:32]The necessity of why we need to examine in chief um Dr. Kinyua is for the sole reason that we've had responses filed by Dr. Kibiki, Professor Kindiki, who is an interested party in the matter.

[00:01:56]We've had responses filed by the Senate who are respondents in the matter.

[00:02:05]And my lord, there are issues that need to be clarified by Dr. Kinyua in examination in chief.

[00:02:24]Mr. Kinyua, proceed. [clears throat] Thank you, my lord.

[00:02:30]Thank you, my lord.

[00:02:35]Um perhaps we could either swear Dr. Kinyua in or affirm.

[00:02:51]Good morning. Good morning, sir.

[00:02:54]My lord, good morning. Good morning.

[00:02:56]Um we were also served with the sub bow the playing of the affidavit the doctor's affidavit uh one by uh Mr. Kindiki and the clerk of the uh Senate.

[00:03:15]Uh and also being uh petitioners in these proceedings, your lordship, my um I'm seeking your guidance, your lordship, as to the participation of other petitioners in so far as the affidavit by Mr. Kindiki and Mr. Nyegenye is an issue.

[00:03:36]Otherwise, our quorum is as before.

[00:03:43]My lord, I don't understand the basis for the direction being sought from you because you already gave the direction when we were before you that any party who was who desires to cross-examine the witness now on the dock would want do two things. First, they would file a reply to that affidavit.

[00:04:07]And number two, in that reply they would intimate >> [clears throat] >> whether they wished to cross-examine the witness now on the dock.

[00:04:17]Uh Mr. Ndegwa Njiru cannot now afford to be ignorant of those directions. Having not done what you directed should be done by anyone desiring to cross-examine this witness then he he can he can't come here and just tell you we seek direction on what other petitioners should should do.

[00:05:14]>> [clears throat] >> Uh thank you for that. The direction which uh uh Mr. Ndegwa has sought I think uh directions which were we gave last time are very clear.

[00:05:32]It It for you to have fi- find or found a basis for cross-examination must have responded in one way or another.

[00:05:41]So, if you have filed an affidavit, I'll allow you to participate. If you have not filed, unfortunately, you cannot go back.

[00:05:50]Thank you, my lord.

[00:05:51]We proceed.

[00:05:55]The eye.

[00:05:56]I. Your full names.