Ugenya MP Chris Karan has been locked out of an election petition challenging his win, for presenting a forged document in court.
Mr Karan, who is the third respondent in a case filed by former MP David Ochieng, had responded to the court petition after the deadline for responding.
But he had claimed that he could not respond earlier as he had been taken ill in Mombasa, but the letter he presented as evidence of this was found to be a forgery.
Mr Daniel Achach, representing Mr Ochieng, said Mr Karan had presented forged documents to the court.
The legislator had presented to the court a letter from Alfarooq Hospital in Mombasa, claiming he was admitted at the facility with fever and vomiting. He said he was diagnosed with dengue fever.
But Mr Achach said he wrote to the facility requesting to be told whether the letter tabled by Mr Karan was authentic. However, the hospital disowned the letter.
In a letter, the hospital’s director Dr Salauhddin Farooqui indicated that they have a computerised patient registration system and it does not contain Mr Karan’s name.
“We hereby confirm that the above referred Christopher Odhiambo Karan was not admitted in our health facility. Attached letter presented by him was not issued from our facility,” said Mr Farooqui in the letter.
Rtd Justice Kwach tabled another letter, which was a response to former MP Ochieng by the hospital, denying that Mr Karan was admitted at the facility.
In her ruling on Thursday on an application on whether to allow late responses, Kisumu High Court judge Tripsisa Cherere expunged all documents presented by Mr Karan’s lawyers.
“The respondent (Mr Karan) had used a fake document to advance his case,” said Justice Cherere.
Earlier, Mr Karan’s lawyers Mr George Mugoye and Mr Odhiambo Wakla had maintained that their client was not served properly.
“All these were mischief in denying the third respondent, who is my client, a fair part in these proceedings,” said Mr Mugoye.
The case is set to resume on December 4.
Former MP Ochieng, who contested in the August 8 election on the Movement for Democracy and Growth ticket, garnered 23,048 votes against his challenger ODM’s Karan who had 23,765 votes.