Question
Mali is an astute businessman in the Kali Republic. The Kali Republic is notorious for ' budgeted ' corruption, usually involving mega government projects. According
Mali is an astute businessman in the Kali Republic. The Kali Republic is notorious for 'budgeted' corruption, usually involving mega government projects. According to the 2023 Transparency International World Report, Kali Republic ranks amongst the top 10 most corrupt countries in the world. The President of Kali Republic ran and won elections on the mantra of 'transforming lives using digital economy.' One of the initiatives under this theme was implementing a digital project in all public schools in the Kali Republic. Mali 'won' the contract to supply laptops to all public schools in Bembe Location. The contract was worth billions of shillings. After he had signed the contract, Mali was approached by a representative of a senior official at the Ministry of Education who insisted that Mali sign another document which, unknown to Mali, had varied the terms of the contract, especially in terms of the cost of the laptops which had been inflated significantly to almost three times the initial cost. A copy of the document was not supplied to Mali. Mali delivered all the laptops expected, and his money was paid promptly. However, he was only paid the amount he had quoted in the first contract he signed. He was issued an electronic receipt with the total amount paid redacted. Mali later colluded with an official from the Ministry of Education. Upon paying some money, he managed to get a copy of his file from the Ministry with all the official documents unredacted. Through the file, he discovered the fraud that had taken place in his name. The financial reports of the Ministry also showed that he had been paid close to three times what he had received. Believing that he had adequate evidence in the file to prove his case, Mali approached Mpenda Ukweli, a senior official from the Kali Republic Anti-Corruption Agency. The official later issued a stern press release promising that "heads must roll" because he had secured 'very hot' evidence in his possession concerning the Laptop Scandal at the Ministry of Education. The official also announced that he had a 'big shot' businessman in the country who would also be his witness.
As the legal officer for the Kali Republic Anti-Corruption Agency and using the Kenyan Evidence Act and relevant case laws, identify and discuss all the evidentiary issues arising from the above scenario.
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