[President Uhuru Kenyatta in a past event. One of his close ally from Gusii region had part of his witness’s affidavit expunged from a governorship petition. Photo/Nation]
A petition filed by President Uhuru Kenyatta’s ally, Walter Nyambati, challenging election of Nyamira Governor John Nyagarama suffered a major blow on Thursday following the court’s decision to expunge parts of a crucial affidavit sworn by a key witness.
Judge Aoron Makau ordered that affidavit sworn by Bob Ndubi 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,” he said.
Makau further said: “Failure to indicate the date on the affidavit makes the document ineffective. The witness cannot be allowed to testify.”
Days to presidential repeat polls, President Uhuru Kenyatta, at a meeting in Nakuru State Lounge, said he would ensure cases filed against Governor Nyagarama and James Ongwae of Kisii ‘succeeds’.
Both leaders are key players in NASA coalition given their close relationship with Raila Odinga and have consistently declared Gusii an opposition zone.
Judge Makau further disallowed evidence which had not been served by defense lawyers among them Okong’o Mogeni, who appeared during the nullified Presidential elections by the Supreme Court as part of Odinga’s defense team.