Court strikes out Senator Lesuuda petition evidence

Senator Naisula Lesuuda being sworn in at the KICC Nairobi in this file photo. Ms Lesuuda has suffered a blow after a court expunged two affidavits she filed in her defence August 9, 2013. FILE  

By PAUL JUMA
Posted  Friday, August 9   2013 at  14:47

Senator Naisula Lesuuda has suffered a blow after a court expunged two affidavits she filed in her defence.

The affidavits were sworn by Onyango Oloo and Kithure Kindiki.

The petitioner Lydia Mathia, through lawyer Kibe Mungai, had asked the court to strike out the affidavits after Lesuuda's lawyer indicated that he will not  call the two witnesses to be cross examined on their affidavits.

Justice Rose Ougo ruled that affidavits can only form part of the court records if those who swore them are called in court to testify and be questioned. The rules were clear, the judge said.

Charles Kanjama, Lesuuda's lawyer, has now asked the court to similarly expunge parts of Ms Mathia's affidavits that referred to the affidavits that have been expunged.

He also wants that of the IEBC official Mohamed Jabane expunged on the same grounds.

Ms Maitha has accused the electoral commission of illegally nominating Ms Lesuuda to the Senate.

She has sued the Independent Electoral and Boundaries Commission and Ms Lesuuda over changes the former made to the TNA nomination priority list.

Ms Mathia, in her oral evidence at the High Court in Nairobi on Wednesday, claimed that she was ahead of Ms Lesuuda in the party’s priority list but the commission by-passed her based on ethnic considerations.

“The IEBC did not have any right to nominate or promote anybody in the list submitted by the party,” she said in the witness stand.