Kidero opposes Waititu evidence

An election petition court was Thursday asked to reject new evidence from a poll loser, as it was time-barred.
Nairobi Governor Evans Kidero, through lawyer Tom Ojienda, told Mr Justice Richard Mwongo that doing so would be against the election laws which required former Embakasi MP Ferdinand Waititu to put in all his evidence within the 28 days of filing an election petition.

He said that if Mr Waititu was allowed to put in new evidence, it would require that the accused also be given time to respond and answer to all the fresh issues being raised.

The lawyer stated that Mr Waititu was also likely to ask to be allowed to put in further response to those made by Dr Kidero which in effect, may prolong the case yet the timeframe for election petition has been fixed to be concluded within six months.

“Mr Waititu will in effect have amended his case if allowed to file new evidence and we urge this court to dismiss the new evidence as was the case in the Supreme Court which dismissed new evidence by former PM Raila Odinga in his presidential election petition on grounds that they were filed out of time,” said Prof Ojienda.

The IEBC, through lawyer Lydia Omuko, also associated itself with the submissions made by Dr Kidero.

But Mr Waititu told the court through lawyer Harrison Kinyanjui that the new evidence should be admitted because it was intended to address the same case which he had filed in court.

Ruling will be delivered on June 10.