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Original judgment

Odongo Victor Robert v Independent Electoral & Boundaries Commission, Returning Officer Kagan Ward Ezekiel Juma Otieno & Onyango Philemon (Election Petition 1 of 2017) (Civ) [2017] KEMC 102 (KLR)

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT HOMA BAY ELECTION PETITION NO: 1 OF 20-17 ODONGO VICTOR ROBERT..........................PTITIONER VERSUS INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION.......................................1ST RESPONDENT THE RETURNING OFFICER KAGAN WARD EZEKIEL JUMA OTIENO...............2ND RESPONDENT ONYANGO PHILEMON....................3RD RESPONDENT RULING: My directions are that the witness (petitioner) can only refer to the document attached in the affidavit of the Chief agent. He cannot take us through because he did not swear the affidavit. The Chief agent will be the correct person to take us through the documents as affidavit. Allowing the petitioner to take us through the document will waste the Courts time as the agent will testify on the same affidavit. Matter to proceed. T. OBUTU SPM 1/11/2017

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