The High Court in Nyamira has declared an affidavit by witness Bob Ndubi in the election petition between Jubulee’s Hon Walter Nyambati and ODM’s H E John Nyagarama as defective.
The affidavit was the main anchor of the petition with most of the five particulars based on Mr Ndubi’s affidavit. Mr Ndubi who is a financial analyst had analysed the whole election for Hon Nyambati.
The Affidavit was found to be defective since it was not dated and the respondent was not served with all copies of the petition. By expunging the affidavit , the Court has dealt a great blow to the case which seeks to nullify the Nyamira County gubernatorial election.
Whereas the petitioner had 11 witnesses, and with at least 7 having testified, and with view of the ruling on Bob Ndubi which has been a setback in the case, Hon Nyambati’s lawyers have told the court that they will not call any further witnesses except the Petitioner himself.
His lawyers have now made an application for scrutiny of votes.