Former Mombasa Senator Hassan Omar. His case challenging Joho's win has suffered a major blow. [Photo/Nation]
Former Mombasa Senator Hassan Omar’s case challenging Hassan Joho’s win in Mombasa has been dealt a blow by the court.
The former senator has been stopped from relying on affidavits of witnesses who did not testify in his case against Joho’s election victory.
According to Mr Omar’s lawyer Yusuf Abubakar, the affidavits formed part of the petition and should have been allowed to be used.
“Documents filed are records of this case. Parties are bound by pleadings and anything that is relevant to the case,” the lawyer said as quoted by the Nation.
Mr. Mohammed Balala, Joho’s lawyer and Ms. Bridgitte Ndong who represented the Independent Electoral and Boundaries Commission, however, opposed the request, saying the evidence had not been tested.
According to Justice Lydia Achode, allowing the use of affidavits of witnesses who had not testified would amount to wasting time, adding that there was no need to scrutinize votes cast in August from the testimony delivered in court.
Omar is challenging Joho’s win in the August polls, where he lost by a huge margin.