Section 29(2) of the Legal Sector Laws (Misc. Amendments), Act No. 8A of 2023 to allow
admission of electronic evidence without testing its reliability at admission stage. However,
that does not remove the requirement of its creditability to be tested at the stage of
evaluating the evidence.
Moreover, the maker of the report ought to have tendered the report, or the witness
tendering it should tell the court how he came across the document. Doing so could assist
the Court in evaluating such evidence. Furthermore, it is unclear how reliable the OONI
report is. We thus agree with the Respondents that the OONI report is not credible
evidence and the blocking, if any, is a mere suspicion or speculation.
We note the Petitioner's lamentations on the Respondents' evasive denials and Dr
Philip Haule Filikunjombe's averments in his counter affidavit prompting the Petitioner to
brand them as lies. On the submission that the Respondents have evasively avoided
directly admitting that Clubhouse is being restricted by them, the Petitioner claims that they
avoided this important question by refusing to directly and affirmatively respond to specific
averments in paragraphs 5 and 6 of the affidavit in support of the Petition. In response to
these specific averments, the Respondents stated thus:
That, the contents o f paragraphs 1, 2, 3, 5, 6, 14 and 15 o f
the Petitioner's Affidavit are neither noted nor denied as
they are facts best known by the deponent.
Additionally,
the
Petitioner
subm itted
that
the
Respondents
through
paragraph 7 of the counter affidavit are specifically denying restricting accessibility and
availability of Clubhouse by transferring the blame to the Clubhouse Developer. The denial by
the Respondents is couched in the following terms:
That the contents o f paragraph 7 o f the Petitioner's
Affidavit are denied.
Respondent has
not
The Respondents state, the 2nd
restricted
15
the
availability
and
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