West Mugirango MP Vincent Kemosi during a past rally in Kisii Stadium. [Photo/Citizen digital]The case challenging the election of West Mugirango MP Vincent Kemosi took a new twist on Wednesday after lawyers disagreed over evidence.
The legal representatives clashed over who commissioned evidence supporting the petition.
According to Osoro Mogikoyo, Mr Kemosi's lawyer, the advocate who commissioned the petition worked with a law firm belonging to the petitioner, which is against the Oaths and Statutory Declarations Act.
The act dictates that a lawyer cannot commission documents drawn by self or firm where he or she works.
The petitioner's lawyer, Mokua Ndubi had a difficult moment convincing the court that Mercy Mogusu, the lawyer said to have commissioned the petition's evidence is not an employee of Mogaka and Musyoki Advocates Company.
The firm is owned by the petitioner, Steve Mogaka.
Judge James Makau wondered why the firm could not produce the master payment to disapprove his the opponent.
Ndubi had argued that an application to throw out the case was not proper since it was filed after the main trial.
"The application was not interlocutory and therefore should not have been allowed," Ndubi told the court.
The judge will make the ruling on the two applications today.