The Webuye West election petition has taken a new twist as the court is slated to rule on the validity of affidavits by Independent Electoral and Boundaries Commissioners.
The petitioner, Kelly Walubengo through his lawyers, made an application to strike out submissions by the Independent Electoral and Boundaries commission (IEBC) due to allegations of fraud in commissioning the affidavits.
The application was made after a revelation that the lawyer who commissioned the oath for IEBC and six other witnesses is not eligible and authorised by law.
Bungoma High Court Judge William Musyoka on Monday reserved November 30 for ruling after admitting the application by the petitioners. The petitioners have accused the respondent of procuring its evidence through fraud and forgery.
The Judicial Service Commission has written a letter dated November 25, 2022, disowning the membership and validity of the said lawyer.
Steve Nyaribo, a lawyer for the petitioner told the court that the said person who commissioned the oath is missing in JSC record and asked the court to render the product of her work null and void.
“The said affidavits are in contravention of oath and statutory declarations acts and should be struck out of the court record,” said Nyaribo. Nyaribo further told the court that Grace Odongo used the number belonging to a different lawyer.
During the hearing, the Webuye West Returning Officer Peris Saina told court that her affidavits were commissioned by one Vincent Olloo, lawyer representing IEBC hence raising eyebrows.
The IEBC legal team told the court that they have written to Law Society of Kenya (LSK) for further clarification about the status of the said lawyer.
Olloo, however, pleaded with the court to ignore the technicalities of the case and determine it on merit.
He said most of the documents that the court will rely on for determination are in the custody of IEBC and hence the predicament the prayer would render to the case.
