Criminal trial against Mombasa tycoon Mohammed Jaffar’s secretary Matilda Kinzani Maodo for defaming prominent Mombasa businessman Abubakar Joho, alongside his younger brother Ali Hassan Joho, has been moved to March this year.
Mombasa senior resident Magistrate David Odhiambo issued the new directive to allow the High Court to hear and determine an application by the suspect in relation to the use of forensic evidence that alleged that the offensive publication made against Abu Joho claimed that the Joho brothers were involved in drug trafficking. In contrast, his brother had defrauded the Mombasa County government over Ksh. 40 billion during his tenure as the governor of Mombasa.
The application before a high court judge, Wendy Kagendo, is made to stop the trial magistrate from hearing and determining the matter.
Maodo, in her sworn affavidit wants the state to be stopped from relying on digital forensic evidence, which detectives now state was used by the suspect to author and publish the defamatory publication.
The move by the suspect comes following the completion of the prosecution’s case, where the investigating officer testified against the suspect.
Additionally, forensic expert police inspector Joseph Kolum has linked the authors of the alleged publication as Kinzani using a laptop that is believed to be the property of Bulk Stream
The petition is now set to be heard before the High Court in March this year.