Busia Senator Okiya Omtatah has accused National Assembly Speaker Moses Wetangula and his Senate counterpart Amason Kingi of submitting false affidavits to in the ongoing Finance Act case.

Speaking on Monday, Omtatah claimed the two lied in their affidavits, a move he termed as a violation of the Constitution warranting their removal from office.

“The very sad thing that the speaker of the Senate Amason Kingi and his counterpart of the National Assembly Moses Wetangula decided to tell lies in affidavits, to cheat (sic) and if we were in a serious country that would have taken them out of office,” he said.

“Even Article 73 in the constitution does not allow them to do that.”

He said the rule of law should be respected so that the basic structure of democracy in the country is maintained and further strengthened.

Omtatah alleged that the two speakers had demonstrated a disregard for the rule of law by filing “false affidavits” in court and that the judges have unfairly protected them.

“Wetang’ula and Kingi should be sacked like yesterday, but Kenya being what it is the criminals will continue to stay in office, and it is a very sad day for this country,” he added.

“The lies told in the High Court by senior officials in the state are covered by the court (sic) it is sad, and I repeat that both told lies and they should not be in the office.”

Rejected application

Omtatah’s outburst followed a decision by the High Court on Monday rejecting an application to cross examine the two speakers on their affidavits in the petition challenging the Finance Act 2023. 

Justices David Majanja, Lawrence Mugambi and Christine Meoli denied Omtatah’s plea, declining to grant the orders sought.

“We reject the application to cross-examine the Speaker of the National Assembly and the Speaker of the Senate, and we will provide detailed reasons in our judgment,” the bench ruled.

The application had challenged the legality of the new tax measures arguing the Fiance bill did secure concurrence of the Senate as required of laws that touch on counties.

Both Wetangula and Kingi however swore affidavits saying there was concurrence.

Omtatah contested the Housing Levy saying it required the input of the Senate since housing is a devolved function.

The second petitioner, Eliud Matindi, also sought to have Wetangula cross-examined over the same.

Wetangula and Kingi’s lawyers opposed the application saying their affidavits were factual and supported by evidence. By Sharon Resian, Capital News