Evidence struck out in Omar poll petition challenging Governor Joho’s win

Lady Justice Lydiah Achode. She struck out all form 37As that were presented before the Mombasa High Court by former Senator Hassan Omar. (Photo:Kelvin Karani: Standard)

A court in Mombasa has struck out portions of key evidence filed by former Senator Hassan Omar in his petition against Governor Hassan Joho's victory in the August 8 elections.

Justice Lydia Achode agreed with Mr Joho and the Independent Electoral and Boundaries Commission (IEBC) that a section of Mr Omar's affidavit advancing rigging claims, including bribery of voters on August 8, was inadmissible because it was obtained from IEBC against established rules.

The documents expunged include electronic versions of forms 37A, which Omar obtained from IEBC on a flash disk and later printed and attached to his affidavit.

Other documents disregarded from the record include improperly marked, undated and unsigned statements in Omar's bundle of evidence.

Some statements brought by Omar were not sworn by the Commissioner for Oaths.

On Monday, IEBC lawyer Fred Nyamodi disowned the evidence, arguing its veracity and truth value could not be ascertained.