Joho’s relief as exhibits in suit rejected

Thursday November 30 2017

Justice Lydia Achode reads her ruling during

Justice Lydia Achode reads her ruling during the hearing of a petition filed by former Mombasa Senator Hassan Omar challenging Governor Hassan Joho's victory on November 30, 2017. PHOTO | KEVIN ODIT | NATION MEDIA GROUP 

By PHILIP MUYANGA
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Some of the exhibits by former Mombasa senator Hassan Omar will not be admissible in court for failure to comply with evidence rules.

Justice Lydia Achode, who is hearing a petition by Mr Omar challenging the election of Governor Hassan Joho, said provisions of the law were offended regarding the exhibits.

“Where we shall find an exhibit did not comply with Section 106 (b) of the Evidence Act, it will go out (of the court file),” said Justice Achode in her short ruling.

The judge said that electronic evidence that does not comply with guidelines will not be admissible and that exhibits which are not properly marked will be struck out.

EVIDENCE

On the issue of hearsay evidence, Justice Achode noted that it goes to the weight of the evidence and it is not to be thrown out at the current stage of the hearing of the petition.

She said she would give details of the ruling once the proceedings are concluded.

Governor Joho wanted all exhibits filed by Mr Omar and his witnesses expunged from court records for non-compliance with rules.

Through his lawyer Mohamed Balala, Mr Joho also wanted the affidavit of Mr Omar struck out and his evidence disregarded because “it is hearsay.”

Mr Balala had told the court that Mr Omar pointed to allegations of bribery but said he was told.

STRUCK OUT

The lawyer told the court that the evidence by the former senator had no “evidential value and cannot be subjected to re-examination.”

Mr Balala also wanted the affidavit of Mr Omar’s running mate Linda Shuma struck out.

Mr Dennis Mosota, also representing Mr Joho, told the court that the objection they had raised was substantive and could not be argued at the pre-trial stage.

However, through his lawyer Yusuf Aboubakar, Mr Omar termed the objection by the governor as based on misinterpretation of law and a desperate attempt not to go to the merits of the petition.

The IEBC, through lawyer Paul Nyamodi, supported Mr Joho’s objection.

The hearing of the case continues.


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