The High Court has rejected an application by Busia Senator Okiya Omtatah to cross-examine Speakers of the National Assembly and Senate on their affidavit on the Finance Act.
"We reject the application to cross-examine Speaker of the National Assembly and Speaker of the Senate. Those applications are dismissed and we'll give full reasons in our judgment," ruled Justice David Majanja.
Omtatah accused the Speaker of the Senate Amason Kingi of telling lies in his affidavit.
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"The Speaker (Kingi) swore an affidavit wherein he told lies and those lies are so fundamental to these proceedings on the question of concurrence. He also claims that I acquired the documents illegally yet I'm an elected senator," he said.
Omtatah's request
Following the rejection of the application, Omtatah requested the court to expunge the affidavits of the two speakers from court filings, since they are "unable to defend them".
"If these people can't defend their affidavits then the affidavits should be struck off the records. We need a fair trial and we need equality of arms in this court. The ruling you have made not in my favour. It is prejudicial to my case if the affidavits remain in the records and authors cannot be cross-examined on them. They have made averments which are totally false and constitute perjury on this court. they have manufactured documents," Omtatah said.
"If we go to that direction we are not serving justice. I need to be heard, I need a fair trial in this court. I need to cross-examine the Speaker of the Senate who is my speaker and my junior."
Omtatah, among other petitioners, are seeking to have the Finance Act declared unconstitutional.
