Wavinya suit hurt as report reveals fraud

Mutuku Mwangangi @pitzpitah

The petition challenging the election of Machakos Governor Alfred Mutua has taken a new twist after a forensic audit by a National government document examiner.

The examiner revealed that controversial lawyer Ham Kiplimo Lagat may have misled the court by lying under oath that he commissioned affidavits by the petitioner, Wavinya Ndeti.

Mutua, through his lawyers, has written to the Law society of Kenya (LSK) and the Chief Justice seeking disciplinary action against the lawyer.

A Department of Criminal Investigations (DCI) forensics signature report dated December 11, shows that Lagat did not commission Wavinya’s affidavits dated September 5, which were presented to court as supporting evidence to the petition.

The document cited in court by lawyer Ben Musau, says none of the four signatures attributed to Lagat belong to him, and further, none of them were made by the same person. Other vital information that may hurt Wavinya’s petition comes from data records of Lagat’s cell-phone, which show that he was in Eldoret on September 4, 5 and 6, when he claims he was in Nairobi during the time the affidavits were commissioned.

When Lagat appeared before Machakos High Court Judge Aggrey Muchelule on December 11, he claimed to have more than five different signatures which were appended to Wavinya’s affidavits as well as two stamps that bear diverse arrangement of the commissioners of oath names.

The new development leaves questions on how the former Kathiani MP will prove the allegations including poll irregularities that she made before the court.

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