Affidavits commissioned by a law firm not authorised to commission oaths.
The High Court in Kakamega has struck out a petition challenging the election of Mumias East MP Benjamin Washiali on grounds that the affidavits filed were forgery documents.
While delivering the ruling, Justice Jesse Njagi said David Wamatsi’s petition cannot stand without support of affidavits as required by the law.
Mr Njagi said the affidavits of both the petitioner and the witnesses were commissioned by a law firm which is not authorised to commission oaths.
He said the petitioner who was aspiring to be a member of parliament decided to use shortcuts and must be punished for it.
“The petition filed without true documents is not a complete petition. It is a still birth and should not be allowed to see the light of the day,” he said.
In his ruling, Judge Njagi said the petition did not comply with the mandatory provisions of the law because it had no affidavits to support it.
“A petition filed without affidavits is not a petition because it lacks witnesses. I hereby dismiss the petition with costs to both respondents,” he said.
The judge further said the petitioner cannot claim to be a victim of circumstances because if he wanted to be a leader, he should know a person should appear in person to swear affidavits.
“The petitioner did not appear before anybody to swear the affidavit nor did he demand to see the person who is commissioning the oath. He was being served by a quack and he should bear the consequences though I sympathise with him,” he said.
Mr Njagi said affidavits are mandatory requirements in any petition and since there were no affidavits filed, the petition was struck out.
Mr Washiali, who was present during the ruling, and asked the petitioner to accept and move on.
The jubilant MP said, “I am happy and I was ready for the full trial and even ready to go back and recount the votes but since the case has collapsed before hearing, let’s get back to work.”
“My conscience is very clear and I won in a fair manner. I will now focus my time on service delivery to the locals,” he added.