Large witness list drags poll petition
08 August 2013, 11:07
The Mombasa gubernatorial petition is expected to take a much longer period than expected following the large number of witnesses on the list of the petitioner and respondents who are yet to be cross examined by the court.
The court has only cross examined 15 out of the 45 witnesses from the petitioner side and none from the respondents side that has a total of 35 witnesses.
However, the total number of witnesses has presently been reduced to 70 to help minimize time wastage after it was discovered that several witnesses were to testify about the same issues.
The presiding officer in the petition, Justice Fred Omondi, has called on the parties involved to decide on how the large number of witnesses will be dealt with in order to allow the court issue its ruling within the stipulated time. All pending petitions are expected to be cleared by the end of August.
Justice Omondi said that court will pass an order to allow it deal with the large number of witnesses if the parties do not come up with a solution by August 26.
Court sittings to take six days a week
He also confirmed that beginning August 26, court sittings will take six days a week to help resolve the case in time.
Previously, several evidences by the petitioner’s witnesses were rejected by the court since they had not attached the same on their affidavits even though they had mentioned the same in the affidavits.
Several letters of complaints, photographs and a video clips were among the evidences that were rejected by the court owing to the fact that they did not appear in the affidavits sworn in.
Ali Hassan Joho’s several attempts to have the petition against his election withdrawn were futile after the court of appeal reverted the high court's ruling to have the petition disbanded over lack of factual content.
The petition hearing will proceed on August 26, 2013.
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