The High Court on Monday blocked Martha Karua from producing video evidence of alleged poll malpractices.
The former legislator had requested the court to use the evidence to prove the election of Kirinyaga Governor Anne Waiguru was flawed but Judge Lucy Gitari dismissed it as inadmissible.
"It would be irregular to produce additional evidence after cross-examination.
"With the strict timelines, it may deny the respondents opportunity to make enquiry and adequately respond. The evidence is inadmissible. The application is disallowed," ruled Judge Gitari.
[caption caption="Judge Lucy Gitari"]
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Karua’s witness Kepha Sagana indicated that the video shows improprieties that took place at Kangaru in Mwea during the August 8, 2017 election and was recorded using his phone.
The Narc-Kenya party leader had urged the court to allow presentation of the evidence, arguing that it was not produced when submitting her evidence.
This means, the judge said, the phone was connected to a computer for the video to be accessed.
"Meaning the video was subjected to a process. The witness said nothing about his consent and there was no certificate made as required by the Evidence Act," Ms Gitari said.
This comes just three weeks after Waiguru succeeded to bar an application by Karua to submit additional documents as evidence in the on-going election petition.
In their submission, Waiguru's lawyers termed the move by the NARC Kenya leader as a backdoor attempt to expand her petition despite previous rulings by the Court rejecting similar applications.
Ms Karua also suffered a setback as the court rejected her application to allow the cross-examination of the Registrar as a witness in the case.
Waiguru's lawyer Paul Nyamodi noted that Karua's push for the introduction of new evidence signifies her desperate attempt to change her arguments and change the scope of the case.
[caption caption="Anne Waiguru"]
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