The President of the Supreme Court, Chief Justice Martha Koome warned advocates against presenting falsified affidavits and evidence during judicial proceedings.
Delivering the presidential election petition judgement on Monday, September 5, Koome expressed discontent by the apex court in affidavits presented by Celestine Opiyo and Arnold Oginga which were established to be fake.
She added that the seven-judge bench was forced to throw out the documents following a follow-up by a team dispatched by the court.
"The affidavits of Celestine Okiyo and Arnold Oginga contained sensational information and were not credible. The registrar of the Supreme Court confirmed that all form 34 As attached to those affidavits and purportedly submitted to them by agents at select polling stations were significantly different from the originals and those in the portal," Koome stated.
The CJ added that such practice was unacceptable, pointing out that the two advocates signed the affidavits on behalf of their agents. The top court reckoned that any counsel signing evidence on behalf of their clients will be put to task to ascertain their claims.
"It has been established that none of the agents swore any affidavits to instruct the two to act on them yet the two went ahead to depone on matters that are not within their knowledge.
"Counsels risk of unknowingly swearing affidavits bearing to falsehood and may be liable to cross-examination to prove the matters deponed," the Supreme Court noted.
Advocates were reminded that committing such amounts to a violation of Section 113 and 114 of the Penal Code
"Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or declaration on a matter of public concern and at such circumstances if committed would have amounted top perjury and is guilty of a misdemeanour," read the sections in part.
In conclusion, the CJ added that lawyers also risk denting their careers, as they would lose their credibility.
"One of the most serious losses an advocate would ever suffer is the loss of trust of judges for a long time, such conducts amount to interference with the proper administration of justice," the Judiciary boss stated.
