Blow to Sonko after court rejects evidence
Former Nairobi governor Mike Sonko yesterday suffered a blow after judges rejected his push to have a video of him presenting nomination papers for the Mombasa Governor seat played in court.
The three-judge bench said the video capturing Sonko presenting his nomination papers at the Kenya School of Government was not admissible. Judges Olga Sewe, Anne Onginjo and Stephen Githinji further said they could not admit the video, since its contents could not be verified.
“Having heard the submissions from both parties, we dismiss the application as sought by the petitioner to have the video played in court because its not admissible and its source cannot be verified,” said judge Sewe.
The decision of the Bench followed renewed fight by the IEBC through lawyer Edwin Mukele who objected the move saying the video was not admissible since it ought to have been annexed as evidence at the beginning of the petition. “We object to the production of the video, despite the urgency of the matter, since there is a danger in agreeing for the production of the video, the danger being that every other aspirant will use this as an avenue to produce their own videos,” said Mukele. The judges, however, maintained that the conservatory orders, barring IEBC from printing ballot papers for candidates vying for the Mombasa governor stands until the case is heard and determination.