30 on the timelines agreed upon during the pre-trial conference (Clement Kungu Waibara v Annie Wanjiku Kibeh & Another, Kiambu High Court Election Petition 1 of 2017). Where documents are substituted in the court records out of time and without the leave of the court, they are liable to be struck out (Sila Samuel Mulwa v IEBC & 3 Others, Malindi High Court Election Petition 11 of 2017; and William Kahindi Mganga v IEBC & 4 Others, Malindi High Court Election Petition 5 of 2017). 2.3.3.5 Time can also be extended for filing of further evidence either in addition to existing evidence or entirely new evidence if it assists the court in the just disposal of the matter (Wavinya Ndeti v IEBC & 4 Others, Nairobi) High Court Petition No. 4 of 2013). Discretion may be exercised in favour of an applicant provided that it will not prejudice the opposing side (Habil Nanjendo Bushuru v IEBC & 3 Others, Kakamega High Court Election Petition 8 of 2017; Ahmed Abdulahi Mohamad & Another v Hon. Mohammed Abdi Mahamud, Nairobi High Court Election Petition 14 of 2017 (consolidated with Garissa High Court Election Petition 3 of 2017); and Apungu Arthur Kibira v IEBC & 2 Others, Kakamega High Court Election Petition 6 of 2017). To establish the nature, extent and context of the proposed further evidence, a party should annex the proposed affidavits (Ahmed Abdulahi Mohamad & Another v Hon. Mohammed Abdi Mahamud & 2 Others, Nairobi High Court Election Petition No. 14 of 2017). 2.3.3.6 Leave will not be granted where it would change the nature of the petition by the additional evidence introducing new and distinct complaints requiring responses and further replies by the petitioners, which may have an adverse impact on the EDR timelines (Benjamin Ogunyo Andama v Benjamin Andola Andayi & 2 Others, Kakamega Election Petition No. 8 of 2013; Robinson Simiyu Mwanga & Another v IEBC & 2 Others, Kitale High Court Election Petition 1 of 2017; and Albeity Hassan Abdalla v IEBC & 2 Others, Malindi High Court Election Petition 8 of 2017); or where such evidence was available at the time of filing (Robinson Simiyu Mwanga & Another v IEBC & 2 Others, Kitale High Court Election Petition 1 of 2017) or where it would only act as a fishing expedition and serve to expand the petition (Michael Gichuru v. Hon. Rigathi Gachagua & 2 Others, Nyeri High Court Election Petition No. 2 of 2017). 2.3.3.7 Moreover, Rule 19(2) of the Elections (Parliamentary and County Elections) Petition Rules, 2017 is clear that it is not open to the election court to extend the time for filing, hearing and determining a petition. Further authorities The following authorities also address the broad theme of the jurisdiction of the High Court to extend time in EDR: 1. Josiah Taraiya Kipelian Kores v Joseph Ole Lenku & 4 Others, Kajiado Election Petition 2 of 2017; 2. Mary Emase Otucho v IEBC & Another, Busia High Court Election Petition No. 1 of 2017; 3. Seth Ambusi Panyako v IEBC & 2 Others, Kakamega High Court Election Petition No. 14 of 2017; 4. Rishad Hamid Ahmed v IEBC & 2 Others, Malindi High Court Election Petition 1 of 2017; and 5. Albeity Hassan Abdalla v IEBC & 2 Others, Malindi High Court Election Petition 8 of 2017. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION