Omar suffers another blow as court rejects affidavits

Former Mombasa Senator Hassan Omar has been stopped from relying on affidavits of witnesses who did not testify in his case against Governor Ali Hassan Joho’s election victory.

Mr Omar’s lawyer Yusuf Aboubakar wanted to be allowed to submit all affidavits that form part of the petition.

“Documents filed are records of this case. Parties are bound by pleadings and anything that is relevant to the case,” the lawyer said.

Mr Mohammed Balala for Governor Joho and Ms Bridgitte Ndong for the Independent Electoral and Boundaries Commission opposed the request.

They said such evidence had not been tested and urged the court to confine Mr Omar to what was said by those cross-examined.

Justice Lydia Achode said allowing the use of affidavits of witnesses who had not testified would amount to wasting time.

She added that from the testimony of witnesses, she did not find the need for scrutiny of the votes.

“I need time to go through evidence of 35 witnesses to convince the court on matters of scrutiny,” Mr Aboubakar said.

Justice Achode directed Mr Omar’s lawyer to file a brief submission on his application for scrutiny and serve IEBC, the returning officer and Mr Joho’s lawyers today.

Mr Balala and Ms Ndong were directed to file their responses by Tuesday.

The court will hear the highlighting of the application on January 8 and set a date for ruling on whether to allow a scrutiny of votes.