Tuesday 24 April 2018

AWITI VS MAGWANGA

OTIENDE AMOLO SILENCED AS 11th MAY SET FOR HEARING AWITI Vs MAGWANGA APPEAL
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Justice Erastus Githinji has directed that the Election Appeal Civil Case no 5 before Kisumu Court of Appeal be heard on 11th May 2018. 
The judge directed that appellants should file their appeal within 7 days from today and respondents file reply submissions within another seven days.
This brings us to 9th May as the deadline for all written submissions, thereafter, all parties be given copies of each other's submissions within 24 hours of service.
The submissions will be limited to 30 pages. On the hearing date, apellants will take 2 hrs to highlight their submissions, IEBC lawyers one hour and Governor Magwanga's lawyers 3 hrs.
Justice Githinji also directed that the urgent application by Lawyer Kanjama to compel Awiti to pay Magwanga the fine will be heard in Nairobi before three appellate judges next week.
Justice Githinji revealed that additional judges will come to Kisumu to help ease the volume of cases here as from 7th May till 18th May. He said Kisumu has 15 cases while Nairobi has only 6.
Meanwhile, the much publicised Lawyer Otiende Amolo got the shock of his legal life when he was aptly corrected by Lawyer Charles Kanjama when he quoted article 18 instead of 20 relating to submissions of electronic materials with evidences before court. The judge overuled Mr. Otiende Amolo and upheld Professor Kanjama's demand that the CDs which were played in court during High Court hearing be part of evidence before court appeal. Mr Amolo remained silent for the rest of the session and listened to lectures from Professor Kanjama.

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