A High Court in Nyamira on Friday voided an affidavit sworn by a key witness in the petition challenging Nyamira Governor John Nyagarama.
Justice James Makau ruled that Bob Ndubi could not testify in the case as his affidavit had no date hence defective.
The election petition filed by Jubilee Party's Walter Nyambati was anchored on Ndubi's affidavit.
Nyagarama's lawyers Nyagaka Nyachiro, Erastus Orina and Jackson Nyamweya - representing returning officer David Towett, had objected the witness' testimony.
Nyachiro argued that an affidavit which is not dully signed and dated as per the elections laws cannot be relied on in court as a genuine document.
He said that it could be wrong for the court to allow parties in the case to produce documents which do not meet the mandatory statutory requirements.
The petitioner's lawyer Kennedy Nyaencha accused his colleagues of being malicious by bringing up the matter at the eleventh hour.
"I want to tell the court that my learned friends have really ambushed me over this matter. They could have allowed the key witness to testify."
Following the development, Nyambati's lawyers told the court that they will not call any witnesses except the petitioner himself.
The legal team has now made an application for scrutiny of votes cast in the August 8 general election.
Nyambati argues that the election was not fair since it was managed by employees of the county government where Nyagarama is the boss.
He said the results in some of the polling stations were cooked since there is no way candidates would get the same results in a polling station.
"The exercise was not free and fair. It was compromised since senior officials who were in charge during the elections were answerable to Nyagarama."
The Jubilee politician also cited chaos at various polling stations saying the situation affected the credibility of the process.
Nyambati pointed out that various polling stations had the total number of votes cast exceeding the number of registered voters.
e named Nyasio primary school where the number of registered voters is 493 but the declared valid votes cast is indicated as 815.
Others are Omokirondo primary school where registered voters are 376 but valid votes indicated as 645, Iteresi (376 against the declared 972 votes).
The hearing will continue on Monday.
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