In Summary
  • She said she would give details of the ruling once the proceedings are concluded.
  • Mr Balala had told the court that Mr Omar pointed to allegations of bribery but said he was told.

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.

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