Lawyer deals blow to Wavinya’s case against Governor Mutua
A petition seeking to nullify the election of Machakos Governor Alfred Mutua was on Tuesday dealt a major blow after a lawyer disowned the petitioner’s affidavits.
Through a letter to Justice Aggrey Muchelule, lawyer Ham Lang’at denied the affidavits presented to the court by former Kathiani MP Wavinya Ndeti.
“It is not my deed, I did not commission the documents and none of the deponents appeared before me for commissioning of any affidavit,” read Lang’at’s letter.
During the cross-examination, the petitioner, who appeared as the first witness in her own case, was put to task to explain why affidavits were having different shapes of signatures of the commissioner of oaths.
Governor Mutua’s lawyer, B.N Musau dropped a bombshell in court when he presented Lang’at’s letter of denial to Justice Aggrey Muchelule, insisting that Wavinya had violated the law.
It occurred to the court that in some incidences the commissioner’s stamp bore different names with Wavinya not able to disclose the lawyer’s whereabouts.
IEBC, also a respondent to the petition, through lawyer Kimani Muhoro told the court; “It is a very serious violation of the law if deemed true, it amounts to striking off of this petition.”
Wavinya’s lawyer, Martin Gitonga, argued that raising the issue in the midst of a trial in itself is not right.
“The interactory application ought to have been raised during pre-trial, it is unfortunate and they should have raised a formal application, not in the bar,” said Gitonga.
The judge directed Mutua’s lawyers to file a written application on Lang’at’s affidavit before close of business on Wednesday, so that the petitioner can file a response within 24 hours.
He asserted that the matter is serious and criminal which could have damaging implications on the petition.
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