A bid by the Narc-Kenya Leader Martha Karua to play in court a video clip on bribery of voters in Kirinyaga during the gubernatorial election was on Wednesday deferred after gadget containing it missed from the court file.
High Court judge Lady Justice Lucy Gitari put off the matter after it emerged the flash disc containing the evidence could not be traced in the court file.
A screen had been set up to play the clip but in the absence of the flash disc the viewing could not take place.
The court also established the officer in whose custody the flash disc was under had been transferred. Neither had Karua had her copy prompting the court to defer the move until the disc was traced and the officer recalled back
The disk contains footage a Kirinyaga politician is allegedly influencing and bribing voters.
Governor Ann Waiguru, whose election is being challenged, had opposed the production of the video.
While opposing the production of the material, Waiguru told the court such a move would be prejudicial to her case since she should have been given an opportunity to view the contents and prepare her defence.
Through her lawyers led by Paul Nyamodi, Waiguru told the court not to admit the the bribery evidence Karua was trying to introduce since she failed to supply the material to the respondents by the time of filling the petition.
Karua who was continuing with her evidence in chief had told the court she had influencing and voter bribery video evidence by the Kirinyaga County Jubilee party Vice Chairman Muriithi Kangara.
She told the court the video evidence was recorded by one of her witnesses Kennedy Muriithi at Kangaru primary school polling station in Mwea West Sub-County on the Election Day.
Earlier, Deputy Court Registrar Wambu Otieno produced and handed over his report of a read only access to the KIEMS the IEBC used during the disputed Kirinyaga gubernatorial elections by Karua.
Gitari said the report would just be for the court record and the Deputy Court Registrar could not be cross examined over such a report.
“Otieno being an Officer of the High Court cannot be cross examined over the report he produced since his role was just to ensure the parties accessed the IEBC gadgets read only access as ordered,”Gitari directed .
Karua who lost to Waiguru during the August 8, last year gubernatorial elections for the county has filed her evidence in a 76 page affidavit while she has lined up 14 witnesses against the respondents.
She has cited massive rigging, irregularities and illegalities in her petition while C.N.Kihara is her lead lawyer after Gitobu Imanyara was taken ill.
Hearing continues with cross examination by Waiguru’s team of lawyers from Karua’s evidence adduced before the court.
