Bungoma High Court is slated to make a ruling on contested affidavits filed in court by Independent Election and Boundaries Commission (IEBC) in an election petition in Webuye West constituency.
Lawyers for the petitioner ,Kelly Walubengo told the judge sitting in Bungoma that the commissioner for oaths in the affidavits for Webuye West returning officer Peris Saina and the allied witnesses ‘were dubious and a product of forgery’.
The petitioner’s legal team led by advocate Steve Nyaribo told the judge that the affidavits commissioned by Grace Adhiambo should be expunged from court record .
He said that the said commissioner for oaths was not dully registered with the JSC to commission oaths lawfully.
Mr Nyaribo told the court that the lawyer who commissioned the oath for IEBC is ineligible and hence renders the affidavits illegal.
“The matter now borders criminality and perjury and this court must determine conclusively this matter before we proceed”, said Mr Nyaribo adding that the identity number in the Judiciary service commission (JSC)’s record is missing.
He said , he will be consequently file an application in court to have the evidence by IEBC be expunged from the record.
IEBC lawyer Vincent Oloo told the court that the judiciary service commission had made errors in the process and asked the court to proceed with the hearing.
Judge William Musyoka was compelled to stop the proceedings, pending a determination on Monday after the petitioner’s legal team took a firm position barring the returning officer from addressing the court.
Kelly Walubengo challenged the election of Webuye West member of parliament Dan Wanyama citing election fraud and malpractices in the August 9TH .
The matter is being heard virtually after the petitioner’s lawyers told the court that their security was at stake.