Lawyer Alfred Muia and Charles Kyalo (R). They both been accused of forgery. [Photo|Dennis Mwikya]
A petitioner to Governor Alfred Mutua’s nominees who were rejected by the county assembly has been arraigned in court for alleged forgery of an advocates stamp.
The forgery was to validate his claims to the committee of appointment in the county assembly of Machakos.
Charles Kyalo Mutiso was charged alongside an advocate Alfred Muia Mulwa alias Mustafa for an intent to deceive by jointly forging a signature of G.N Thiong’o who is an advocate of the high court of Kenya on the affidavit in support of a petition against Faith Wathome whose name was nominated for the County Executive Committee member of Education, Youth, Sports and Culture and Naomi Mutie who was nominated in Water and Irrigation docket.
In his impugned affidavit, Mutiso urged the County assembly to reject the nominee for alleged corruption claims which were resisted by faith during vetting.
The duo was also charged with an alleged conspiracy to defeat justice contrary to section 117 (a) of the penal code.
“Jointly with others not before court knowingly conspired to mislead Machakos County Assembly vetting committee by making false allegations,” read part of the Charge sheet.
The two will also answer to charges of false swearing contrary to section 114 of the penal code and making a document without authority.
In a letter addressed to B.M Mung’ata and Company, advocate G.N Thiong’o dismissed having seen and inked the petition.
“I confirm that I do not know the said Charles Kyalo and the said affidavit was not sworn before me, therefore I am a stranger to the contents of the same. I further confirm that though the stamp therein bears my name, the signature therein is not mine,” read the letter.
To that effect, the petitioner filed a notice to withdraw the petition on 30th of Oct 2017 for Naomi Mutie. The County assembly appointment committee went ahead to reject the nominee's appointment despite the forgery and withdrawal of the petition.
The county assembly further rejected a Dr Ali Mohamoud (Heath and emergency services), Ruth Mutua (Agriculture, livestock and Fisheries development) and Kimeu Mbithi Kimeu who was nominated for Public Service, labour and ICT.
Governor Mutua has since dismissed the act saying that the MCA’S acted on bad –political faith.S.R.M Irene Kahuya directed that the accused persons be released on a cash bail of Sh80,000 or bond of Sh150,000 pending pre-trial of the matter on November 28.