I'll make an exception
Let me see you the judges challenge Safaricom?
There is a formal complaint. The evidence has been supplied in form of call logs obtained from Safaricom. The complaints target a member of the JSC which means there are 10 members to hear it as she would in all likelihood (unlike Ndung'u) recuse herself.
The remaining ten: Maraga could recuse himself and so could Smokin. That leaves seven with Uthamaki having 5.
So in Itumbi's mind it is an open and shut case. However, there is what he and you call "Evil Society". They would go to court. The first business would be to strike out the call logs WITH PREJUDICE! that means they cannot be brought before the JSC in any form or shape.
The would also go further to ask that the words, references and links to the said logs (if they exist) be declared dead and powerless.
The would cite the Kenya Information and Communications Act, 1998, 32 (b) and (c)
If Uhuru falls, Itumbi should be prepared for a long stint in the courts and eventually in prison.
Now about your real question: This is a hit job. If they had any real dirt on the judges they would not wait for the eve of the judgment to release it as a way oif masking their shame. They would have used it gone to the JSC and done all the dirt. Uhuru would not have been scrapping his asshole in public while sitting on this.
Any attempt to open the safaricom server would be most welcome by the Evil Society. They would use the same to demand the logs of Njoki Ndungu, Ojwang, Mullah, Muite, Matiangi, Githu Muigai, Kameru, Muhoro etc. I am sure you know where I am going.
Jubilee may be stupid (such as now galvanizing Kambas to support Mwilu or Kisii's to support Maraga) but they could not open that pandora's box.
The consequence of this is that be prepared for more dirty stuff to come out.
NB: This is NOT from safaricom. The NIS bought a system that bugs ALL phones and keeps those calls with key words. The rest is deleted between 24 hours to 6 months.
Asante Omorlo.
Should innocent judges hide behind this legal dogma or should they challenge Safaricom to surrender voice and SMS logs?
NASWA could not rely on their server logs which were fake any way but they built in that to pressure IEBC to surrender the real logs. IEBC's failure to surrender them incriminated them. I'm thinking along these lines.
Why would either judges guard their logs from JSC with all their might