A lawyer has disowned affidavits sworn by former Kathiani MP Wavinya Ndeti in her petition against the election of Machakos Governor Alfred Mutua.
In a letter presented by Dr Mutua’s lawyer Ben Musau to Justice Aggrey Muchelule, Ham Lagat declared the three signatures in Ms Ndeti’s affidavits were not his as claimed.
The letter addressed to Mutua’s lawyers, Nyamu & Company Advocates, said no one appeared before Mr Lagat to have the affidavits commissioned.
“I further wish to state that I have never commissioned an affidavit in respect to the above petition, including the supporting affidavit of the petitioner,” Lagat said in the letter.
But Ndeit’s lawyers, led by Martin Gitonga, termed the letter an attempt by Mutua to delay the hearing of the petition.
They asked the court to order Mutua’s lawyers to file an application within 12 hours. The development saw the judge adjourning the hearing for 15 minutes before his ruling.
Justice Muchelule termed the matter “very serious” and said if proved, then it would be a crime and would have far-reaching implications on the petition.
He said the petition could not stand without a supporting affidavit duly executed and as such, the development could have profound consequences on the case.
Muchelule directed the respondents to file a formal application with regard to the letter by close of business today.
He however allowed the case to proceed with Ndeti taking to the witness stand. She was cross-examined by Mutua’s lawyers, who tore into some of the claims she presented in court.
During the cross-examination, Ndeti confessed that she did not have evidence to support allegations that Mutua used county government staff as polling agents.
“I have been advised by my lawyers that a public officer should not play a role in politics. The law is very clear on that. It is part of my evidence that some county officials were used as agents by the third respondent,” said Ndeti, who was the Wiper party candidate for the governorship election.