Setback for Hassan Omar as court rejects seven petition witnesses

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Former Mombasa Senator Hassan Omar takes an oath at the Mombasa High Court during the hearing of his petition against Governor Hassan Joho's election, November 29, 2017. /MALEMBA MKONGO

Hassan Omar has been dealt a blow as seven of his petition witnesses have been rejected by the Mombasa High Court.

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The former senator had lined up 19 witnesses in his case against the election of Governor Hassan Joho.

But Judge Lydia Achode said information from the seven witnesses could not be proven as they collected it from third parties.

She said on Thursday that some of Omar’s evidence before the court may also be thrown out if it fails to meet the court’s threshold.

Achode said form 37C produced by the petitioner was not admissible as it did not have IEBC stamps.

Joho, through lawyer Dennis Mosota, asked the court to throw out the petition as Omar failed to comply with several evidence and witness rules.

Mosota argued that it could not be proven that the form originated from the electoral agency.

But Omar told the court on Monday that the printed the forms as IEBC had given him soft copies on a flash disk.

He said IEBC told him it would have cost Sh8 million for it to print out the forms.

Achode had earlier declined to throw out the petition, saying Joho failed to give proper reasons.

-the-star.co.ke

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