Nyamira court rejects undated affidavit in petition by Nyambati

Friday November 10 2017

Nyamira High Court

Nyamira High Court Judge Aaron Makau (right) on November 10, 2017 during the hearing of the petition challenging the election of Nyamira Governor John Nyagarama. The judge struck out an affidavit by a witness of the petitioner, Walter Nyambati of Jubilee, since it had no date. PHOTO | HENRY NYARORA | NATION MEDIA GROUP 

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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.