The rival teams in the presidential petition have been tasked with spelling out the key issues constituting the case as they start making their submissions on Monday after failing to reach common ground on Sunday.
During an earlier meeting with Supreme Court judges, led by Chief Justice David Maraga, the lawyers were informed that they will have to highlight the issues they want addressed during the hearing.
Lawyers for the three parties had failed to agree on the issues they considered contested, which the judges would then seek to address by looking at the law, the submissions of each party and the evidence.
While the National Super Alliance set out 28 issues, the Independent Electoral and Boundaries Commission (IEBC) had them as two and President Uhuru Kenyatta’s team as three.
The lawyers met with the Registrar of the Supreme Court on Saturday afternoon.
She gave them 30 minutes to discuss among themselves and come to an agreement, but none was forthcoming.
Among the issues Nasa wanted addressed are what the court should consider in determining whether to uphold or invalidate the outcome of the presidential election and the exact number of rejected votes in the poll.
The opposition alliance also wanted the court to decide on specific requirements, in terms of technology usage as required by the Elections Act Amendments of 2016 and 2017 and the poll regulations.
It also wanted the court to determine who generated the results streamed on television and where they emanated, and whether they tally with the actual returns on forms 34A, 34B and 34C.
Another matter was what was to be published on the online public portal and whether the results on the portal reflect the actual results on Forms 34A, 34B and 34C.
Nasa leader Raila Odinga also wanted to know whether President Uhuru Kenyatta’s results were intercepted, adjusted or interfered with before receipt, publication and the eventual announcement.
Nasa has claimed that some results were made from ungazetted polling stations and this is a matter they would want addressed by the seven judges of the Supreme Court.
Mr Odinga also wanted the court to consider whether the IEBC violated the Constitution in declaring Mr Kenyatta the winner of the 2017 poll.
The IEBC and its chairman raised two issues — whether Mr Kenyatta was validly elected and declared the president-elect and reliefs to be granted by the court.
Mr Kenyatta wanted the court to determine whether the polls were conducted in accordance with the Constitution and the Elections Act and what the evidential standard of proof in the petition is and whether he was validly elected and declared President-elect.
Requests by Uhuru and Raila to bar each other’s evidence on technical arguments rejected.