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JudgmentJOSIAH ONYANCHA VS IRENE OMBOGA & 2 OTHERS1 min read

JOSIAH ONYANCHA VS IRENE OMBOGA & 2 OTHERS

Environment and Land Court at Nyamira Environment and Land Court · · Dalmas Ohungo

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I have considered the application by Mr Biyogo that the witness be declared hostile. I have also considered the submissions.

I have also warned the witness severally to answer the questions put to him. Despite the warnings, the witness has insisted on giving answers that do not respond to the specific question put to him.

To the extent that the witness is offering answers, albeit those that do not respond to the specific question, I am not persuaded that he is a hostile witness. He is giving answers, but perhaps not those that Mr Biyogo expects. Mr Biyogo is free to address the Court in his final submissions as to what conclusions he wishes the Court to draw regarding the witness and his testimony.

I decline the invitation to declare the witness hostile.

Hearing to proceed.

Dated this 30th day of September 2025.

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    JOSIAH ONYANCHA VS IRENE OMBOGA & 2 OTHERS JOSIAH ONYANCHA VS IRENE OMBOGA & 2 OTHERS