Former Deputy Speaker Farah Maalim before a Nairobi election court during cross examination by IEBC lawyer Issa Mansour on Monday October 16, 2017/PHOTO BY S.A.N.
BY SAM ALFAN.
Majority leader in Parliament Aden Duale wants eight affidavits of nine in support of Farah Maalim petition struck out.
“All these affidavit we seek struck out do not satisfy the requirement of affidavit order 19 and oaths statutory act of laws of Kenya” submitted SC Ahmednasir Abdullahi.
He said the affidavits are not sworn on oath and that they are mere statements.
Ahmednasir said that the deponent committed deliberately the oath to escape punishment of the court if the information in the affidavit is found not to be true.
“By omitting not to swear under oath, it is my humble submissions it doesn’t qualify” submitted.
He submitted that an affidavit which is not sworn on oath does qualify to be recognized by this court.
The affidavit was not administered under oath.
The absence of an oath in an affidavit renders the affidavit useless before judicial proceedings.
“The court will be powerless if we find these affidavits have committed purgery” submitted Duale lawyer.
