Lawyer Ham kiplimo langat at Machakos High court for cross examination.(Photo/Dennis/hivisasa.com)

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Machakos Governor Dr Alfred Mutua on Monday suffered a setback in stopping hearing of an election petition challenging his victory. Machakos high court ruled that the matter proceed to full determination.

Mutua through his lawyers led by Waweru Gatonye failed to produce the controversial lawyer “Ham Langat” who is alleged to have commissioned Wavinya’s affidavits with different signatures and rubber stamps.

The lawyers argued that Mr Ham Langat had filled correspondence to Nyamu & Nyamu Advocates disowning commissioning Wavinya’s affidavits , “ Non of the deponents appeared before me for commissioning, it is not my deed” read part of the letter in question.

Wavinya on her side maintained that Mr lang’at is a long-term known family lawyer, and he is the one who inked her affidavits which were filed in court on September.

The Court had warned of grievous consequences on the petition owing to the fact that the petition could not stand without affidavits.

It is at this point that Justice Muchelule ordered the two parties to produce ‘Mr langa’t’ to testify, apparently, he happened to be the same person.

While taking a witness stand, Ham Langat confirmed owning all five different signatures in the petition affidavits as well as two different rubber stamps bearing diverse name arrangements.

Asked why he opted to do different signatures, “ I appended different signatures due to pressure of work in meeting the strict timelines as well as work load ,I was also handling other petitions” he said.

But Mutua’s lawyers claimed they could not produce their Lang’at after tracing him both in Eldoret and Nairobi.

Waweru Gatonye’s plea to induce more evidence linking lang’at to having sworn an affidavit disowning Wainya’s affidavits did not barea fruit after it was disallowed by court.

Gatonye had argued that he is in a possession of an affidavit from a lawyer who swore Mr lang’at an affidavit as well as a video clip and three more witnesses to that effect, an issue that was adversely opposed by petitioners lawyers Willies Otieno and Martin Gitonga.

The determination of the matter will be on Wednesday this week, as more witnesses to the petition get lied up.