Court rejects witness plea to replace old evidence
Photo/FILE
The High Court in Nairobi.
A judge has rejected a plea by a witness in the Gatundu North election petition to expunge evidence filed last year.
Justice Fred Ochieng’ on Tuesday dismissed Mr Samson Muthama Gakumo’s request to substitute “the old evidence with new one”.
Mr Gakumo told the judge he had earlier received money to give false evidence against Gatundu North MP Clement Waibara.
Searched his soul
“Mr Gakumo has searched his soul and found it ungodly to give false evidence against Mr Waibara. He has repented and even returned the money he received to testify against the incumbent,” lawyer Evans Ondieki told the court.
The attempt to present fresh evidence was vehemently opposed by lawyers Ben Mukuria of the Interim Independent Election Commission and Mr Muthomi Thiankolu for the petitioner, Mr Benard Chege Mburu.
“I concur with Mr Mukuria and Mr Thiankolu that evidence in an election suit must be filed in court 48 hours before the hearing of the case,” Justice Ochieng’ ruled.
Mr Gakumo was the first witness to be called by Mr Waibara. Hearing continues on Wednesday.
