Nyamira High Court on Friday rejected a key witness in a petition challenging the election of Nyamira Governor John Nyagarama.
High Court Judge Aaron Makau struck out an affidavit by a witness during the hearing of the case filed by former Jubilee Member of Parliament (MP) Walter Nyambati.
Justice Makau ordered that the affidavit sworn in by Mr Bob Ndubi in favor of the petitioner be fully dismissed.
The Presiding Judge noted that the affidavit should be expunged from the records since it was not dated.
[caption caption="Governor John nyagarama"]
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"There is no dispute that the affidavit is undated, and therefore, it does not comply with statutes on how affidavits on petitions are filed," he stated.
He further indicated that the failure to date the affidavit makes the whole document defective.
Justice Makau also directed that the witness will no longer be allowed to testify in court on the basis of the defective affidavit.
He also terminated the evidence which had not yet been served to the defence lawyers.
"I hereby also expunge documents from pages 761-788 from the affidavit of the main suit," he ruled.
[caption caption="Walter Nyambati"]
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In his petition, the Jubilee politician accuses the IEBC returning officer David Towett of recruiting Nyamira county employees who in turn bungled election results in favor of Mr Nyagarama.
