Twists and turns in Governor Alfred Mutua poll case

Friday December 15 2017

Wavinya Ndeti

Ms Wavinya Ndeti who is challenging the election of Machakos Governor Alfred Mutua. The hearing of the petition took a new twist Thursday after an advocate wrote a letter to the Law Society of Kenya accusing his colleague of professional misconduct. PHOTO | STEPHEN MUTHINI | NATION MEDIA GROUP 

By SAM KIPLAGAT
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The hearing of a petition challenging the election of Machakos Governor Alfred Mutua took a new twist Thursday after an advocate wrote a letter to the Law Society of Kenya accusing his colleague of professional misconduct.

In the letter, also copied to Chief Justice David Maraga, lawyer Mugambi Laichena accuses Mr Ham Lagat of portraying him as a liar and unprofessional.

He wants action taken against Mr Lagat.

Mr Mugambi says Mr Lagat appeared before him on December 4 for commissioning of his affidavit.

AFFIDAVIT

He says he commissioned the affidavit in his presence and two other professional colleagues – Mr Leonard Kibet and Mr Robert Mbogori Muriuki.

In the affidavit, Mr Lagat allegedly claimed that he did not commission Wavinya Ndeti’s affidavits.

Later, Dr Mutua applied for striking out of the said affidavits because they were not properly commissioned. This would have doomed Ms Ndeti’s election petition.

However, on December 6, Mr Lagat swore another affidavit stating that he had indeed commissioned Ms Ndeti’s affidavit despite the variance in his signatures.

Trial Judge Aggrey Muchelule ordered him to appear in court for cross-examination.

DENIED

He appeared in court on December 11 and denied having seen Mr Mugambi or appearing before him and only knows him as a professional colleague.

Mr Mugambi now states that Mr Lagat’s evidence portrays him as unprofessional and that he forged his signature, an action that amounts to misconduct and uncouth practice.

The lawyer says he was denied a chance to exonerate himself in court.

Meanwhile, Mr Lagat has moved to court accusing the police of harassment and intimidation.

The lawyer claims that police officers led by Jonah Kirui stormed his home in Kileleshwa soon after he testified in Machakos on December 11.

He alleges that the Flying Squad members entered his bedroom and took pictures of the home and warned that he will face “dire consequences”.

Mr Lagat said his family and himself had undergone a lot of psychological torture and had not been effectively able to attend to his client’s court cases.

He wants the matter certified urgent and the police stopped from harassing him and his family.

“I wish to aver that the torture I have undergone with my family is so extreme and intense that I would not wish anyone to go through it,” he said in a statement.