116 ...firstly, an amended petition must stand on the original petition in order to have some legitimacy especially if the amendment is filed outside the statutory time for filing election petition. ..secondly… an amendment is a change or addition designed to improve a document. In amending a pleading, a party is just making the document more accurate or to be in tandem with the changing circumstances of the case. It does not amount to repealing a document. An amendment does not therefore entirely sweep away the previous pleading. 4.7.2.10 Consequently, in the event an amendment is disallowed, or the amended petition is struck out, the original petition is not obliterated (Robinson Simiyu Mwanga & Another v IEBC & 2 Others, Kitale High Court Election Petition 1 of 2017). Where, after striking out of amendments, the original petition remains capable of being heard, the Court should hear and determine the petition on its merits. In so holding, the Court in Gerald Iha Thoya v Chiriba Daniel Chai & Another, Malindi Election Petition Appeal No. 1 of 2018 stated that: Once the court struck out the amended petition it ought to have reverted to the original petition. There was no void left by the striking out of the amended petition as the original petition had not been withdrawn and was capable of being heard… 4.7.2.11 An amended petition must be supported by an affidavit. The petitioner need not swear a fresh affidavit, the petitioner may use the previous affidavit in support of the amended petition, if there is no new issue that has been introduced (Gerald Iha Thoya v Chiriba Daniel Chai & Another, Malindi Election Petition Appeal No. 1 of 2018). 4.7.2.12 Where an amendment is unprocedurally effected without leave of the court, the pleading will be struck out (Sila Samuel Mulwa v IEBC & 3 Others, Malindi High Court Election Petition 11 of 2017). 4.7.3 Further Affidavits and Additional Evidence 4.7.3.1 An election court has discretion to allow the filing of further affidavits and admit new or additional evidence (Rule 15(1)(h), Elections (Parliamentary and County Elections) Petitions Rules, 2017; Evans Odhiambo Kidero & 4 Others v Ferdinand Ndung’u Waititu & 4 Others, Supreme Court Petition No. 18 of 2014; and Raila Odinga v IEBC & 3 Others, Supreme Court Petition No. 5 of 2013). 4.7.3.2 An application for adduction of new and additional evidence must be made within 28 days of the declaration of the results of the election where the new or additional evidence, if it were to be admitted and acted upon, would have the effect of amending the election petition (see Section 76 (4) of the Elections Act, 2011). 4.7.3.3 An election court will not grant an application for the adduction of new or additional evidence where the grant of such an application will prejudice the other parties to the dispute or undermine the constitutional imperative of timely resolution of electoral disputes (Raila Odinga v IEBC & 3 Others, Supreme Court Petition No. 5 of 2013). 4.7.3.4 In Raila Odinga v IEBC & 3 Others, Supreme Court Petition No. 5 of 2013, the Supreme Court gave the following guidelines for determining applications for the filing of further affidavits and admission of new or additional evidence: i. the admission of additional evidence is not an automatic right. Instead, the election court has a discretion on whether or not to admit the evidence; BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION