On Monday, October 18, social media was awash with a leaked video showing twin brothers, Eddie and Paul Ndichu, allegedly engaging in a fist fight with unknown persons at a popular city restaurant.
So viral was the video that it attracted the attention of the Inspector General of Police, Hillary Mutyambai, who asked the complainants to make a formal report to a police station within the jurisdiction of the hotel.
While making a formal complaint may be a good procedure, the video, which elicited mixed reactions and attracted countrywide condemnation, could be inadmissible in court if some factors are not considered.An undated photo of Wapi Pay co-founder Eddie Ndichu (left) and a screenshot from the scuffle.File
Speaking to Kenyans.co.ke, lawyer Soyinka Lempaa, explained that the Evidence Act provides for the person who shot the video to produce it in court and go for a cross-examination.
Failure to that, the court would dismiss the video as hearsay.
"The person who shot the video needs to be cross-examined on how he or she picked the video. If he is not able to produce it, then that is hearsay but if he produces it, that is primary evidence," Lempaa stated.
His argument was collaborated by an officer from the Office of the Director of Public Prosecutions (ODPP) who sought anonymity saying that he is not authorised to speak to the media.
"The court seeks to know who recorded the video? Which gadget was used? And the video can be collaborated by a person who was at the scene."
Both Lempaa and the officer quoted the Edward Kirui case, where he was on trial for the murder of two demonstrators during the 2007-2008 Post Election Violence.
Though officer Kirui was acquitted of all charges, a video that was captured was used as evidence in court.
While acquitting Kirui, Justice Fred Ochieng stated: "Although two witnesses identified Kirui and that he was captured on the TV footage presented in court, there was no link between his issued firearm and the killings."
The Judge said that he had given Kirui the benefit of the doubt because it was possible that he did not fire the fatal bullet.
Eddie and Paul Ndichu were seen allegedly engaging in a scuffle with unidentified individuals in the viral amateur video.
A lady alleged that the scuffle ensued after she had turned down their advances.
“Yesterday, my sister and I were attacked by the Ndichu twins for respectfully turning them down. They threatened to shoot us and ruin our lives."
"My sister was strangled by Paul Ndichu while her boyfriend, who had come to her rescue, was being strangled by Eddie," she stated.
If the complainants decide to file charges, the video will play an instrumental role in providing evidence in court.
The incident was similar to that of Embakasi East MP, Babu Owino, who was captured on CCTV camera allegedly shooting Felix Orinda, a DJ, a city club in January 2020.Undated image of Eddie NdichuEddie Ndichu Twitterfatal fire murder fight
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