[Updated Wednesday] Kenyan election: What kind of “audit” did the IEBC do without the actual voter registration lists used? Will the Supreme Court require the registers to be disclosed as sought by AfriCOG?

Watch the hearings live: Citizen TV; or the other Kenyan networks.

At 9am tomorrow [Wednesday] in Nairobi, the Kenyan Supreme Court is scheduled to announce a key ruling. The issue is whether or not the Independent Electoral and Boundaries Commission (IEBC) will be required to produce for scrutiny the actual voter registration lists used in the voting.

[Update: On Wednesday morning, the Supreme Court denied the production request from AfriCOG as time-barred, saying it needed to have been filed with the original petition. Once again, the Court seems to be treating this as ordinary civil litigation subject to procedures but without the months or years that would ordinarily be involved in developing the facts of the case. The hearing has begun and the case will be decided without much evidence, which at some level was always inevitable given the time frame and the position of the IEBC as party litigant rather than a neutral body that would willingly cooperate with scrutiny.]

The issue is before the Court due to the vigorous opposition, played out over two days in preliminary hearings, by the IEBC and the proponents of its March 9 “final results” to a request for these public records from AfriCOG.  On Monday afternoon, the Court heard the complaints of the IEBC side that AfriCOG had not formally served copies on enough of the various lawyers for the government and the other respondents for parties who are not directly implicated in the custody of the records.  Thus, more copies served, arguments were held this morning, with decision tomorrow.

Here is CapitalFM on the procedural arguments against production: “AFRICOG plea for voter register opposed.”