A recent ruling by the Court of Appeal on construction of the standard gauge railway (SGR) has once again brought to the fore a matter that has refused to go away — when to admit evidence that has been obtained without the consent of an opposing party.
In the case, Kenya Railways Corporation successfully argued for a number of documents, which it said were obtained in a clandestine manner by activist Okiya Omtatah, to be expunged from the court record.
