A sworn affidavit by a key witness in a petition challenging the election of Nyamira Governor John Nyagarama has been struck out.
Justice Aaron Makau, the presiding Judge in a petition filed by Mr Walter Nyambati (Jubilee) at the Nyamira High Court, ordered that the affidavit sworn in by Mr Bob Ndubi in favour of Mr Nyambati, be expunged from court records since it was not dated.
“There is no dispute that the affidavit is undated and therefore it does not comply with statutes on how affidavits on petitions are filed,” the judge said.
He went on: “Failure to indicate the date on the affidavit makes the document incurably defective.”
He also ruled that Mr Ndubi will not be allowed to testify on the basis of the defective affidavit.
The Judge also disallowed evidence which had not been served to defence lawyers.
“I hereby also expunge documents from pages 761-788 from the affidavit of the main suit,” he ruled.
