Former Gatundu North MP Clement Kung'u Waibara (left) and a supporter displays some of the ballot papers he has cited as evidence of malpractice in his petition against Ann Kibe, September 5, 2017. [Photo|the-star.co.ke]
Former Gatundu North Member of Parliament Kung'u Waibara has suffered a major setback in his election petition against the incumbent Ann Wanjiku Kibe of Jubilee Party.
This is after Kiambu High Court Judge Joel Ngugi barred ten witnesses from testifying in the petition.
The ruling came after Kibe's lawyer, Jesse Oduor, and Micheal Muchemi representing IEBC filed an application to expunge ten affidavits sworn by the witnesses before the hearing of the petition could start.
"The petitioner's witnesses failed to serve the respondents with the affidavits as required by the law. We therefore ask the court to strike out the 10 affidavits filed by the witnesses," Muchemi told the court.
This leaves the former MP as the sole witness to testify in support of his petition.
Waibara filed the petition at the court seeking to annul the election of Kibe.
In his affidavit, the politician alleges the incumbent legislator used witchcraft to scare voters into backing her bid in the election conducted on August 8, 2017.