Governor Mutua lawyers want forensic expert to testify in petition case

Former Kathiani Mp Wavinya Ndeti and Machakos Governor Dr. Alfred Mutua (Right) during the hearing of a petition filed by Ms Ndeti challenging Governor Mutua’s victory at Machakos High Court (Photo: John Muia, Standard)

Governor Alfred Mutua wants the High Court to summon a police document examiner to verify the authenticity of signatures relating to several affidavits.

Lawyers representing Dr Mutua want the document examiner from the Directorate of Criminal Investigations (DCI) summoned to testify in the ongoing petition filed by Wavinya Ndeti challenging his victory in the August 8 General Election.

Ben Musau and Waweru Gatonye, Mutua's lawyers, also sought leave to enable the governor to file a formal application as necessary with regard to the new development in which he has challenged the testimony by lawyer Ham Lagat, who on Monday told the court he commissioned all affidavits filed by Ms Ndeti.

The development emanates from last week’s order by Justice Aggrey Muchelule that Mr Lagat be produced by the parties to testify in person in the petition.

 Witness stand

When Lagat took the witness stand on Monday, he owned up to signing all the affidavits for the petitioner, contrary to submissions by Mutua’s lawyers that he (Lagat) had distanced himself from the documents.

Mutua’s lawyers have filed affidavits indicating Lagat actually swore an affidavit before a commissioner of oaths denying he commissioned Ndeti’s documents.

The lawyers have also submitted they have video evidence of Lagat swearing the said affidavit.

On Thursday, Mr Musau told Justice Muchelule that it was vital for the court to summon a document examiner from the DCI in order to verify the authenticity of the signatures on the documents.

“The court must not allow proceedings whose credibility is in doubt. This court should summon the DCI to shed light on this report and guide the court on it because it is quite apparent there is a criminal aspect which I'm urging the court not to overlook,” said Musau.

Notice of application

But the notice of application was fiercely disputed by Ndeti’s lawyer, Willis Otieno, who argued that the exercise was a tactic by Mutua to delay the hearing of the petition.

“The report is a strange document. It is not part of evidence in this petition and, therefore, the court should only be committed to what is formally on record,” he said.

Justice Muchelule, however, said he would make a ruling on the matter at a later date and allowed proceedings to continue.