Editorial: Justice Aggrey Muchelule must take note of the impending prosecution of Lawyer Ham Kiplimo Lagat
Our editorial today is on the case that has taken a controversial turn. A lawyer who was involved in the ongoing Petition between Wavinya Ndeti and Dr Alfred Mutua was accused of perjury after lying under oath during the hearing of the petition in the Machakos high court
Now lawyer Ham Lagat claims that his life is in danger. Speaking outside the high court in Nairobi, Lawyer Nelson Havi who acts for Ham Lagat condemned what he termed as threats to the life of his client from Governor Alfred Mutua.
Ham Lagat has filed a case at the high court seeking orders restraining the police from pursuing him after the DCI investigated and filed a report that indicated indeed Ham Lagat lied in court on behalf of Wavinya Ndeti. The DCI filed their report and the DPP recommended prosecution.
We have the DCI report that finds Ham Lagat to have lied and committed perjury.
In a new twist, Ham Lagat now claims that his life is in danger. He claims to have received threats from Dr Alfred Mutua but has not been specific of the nature of these threats and how he established that indeed it was Alfred Mutua who was threatening him.
Dr Alfred Mutua, Governor Machakos County can be a man of many things but he understands one thing, the art of Public relations. Threatening someone cant be done openly. You cant threaten the life of a lawyer and proceed to tell that same person that someone who is threatening you is me. Otherwise, Ham Lagat has a difficult time in court to prove that indeed the threats to his life exist and that they are coming from Alfred Mutua.
Ham Lagat simply hatched the claims of being threatened to help the court halt his eminent prosecution. There is overwhelming evidence that indeed Ham Lagat committed perjury. There is even a CCTV footage showing Ham Lagat signing documents that he later denied that he never signed. The DCI report itself is quite incriminating and Ham Lagat risks being disbarred.
The evidence against Ham Lagat is overwhelming and he should desist from the sideshows and face prosecution to clear his name. The DCI and the DPP are not wrong to both have found Ham Lagat to have lied under oath. Witnesses exist that can testify to have seen Ham sign the alleged documents that he claims he never signed.
Now he is playing to the public gallery for Sympathy. A liar is always a liar. Seeking public sympathy by claiming threats is a new low for the lawyer who behaved totally irresponsible and out of order. Signing documents and later denying in court can only be done by a foolish lawyer who lacks the stamina to face his own demons. Unless Ham Lagat proves indeed Alfred Mutua is threatening his life, the order to halt his prosecution should be lifted soon and he should be charged for lying under oath.
Meanwhile the presiding judge, Justice Aggrey Muchelule, Must take these actions of this lawyer who testified in his own court very serious. The DCI and DPP have recommended criminal proceedings against Ham Lagat. Justice Chelule must take into consideration these developments. There is nothing bad to the court of public opinion than when a judge admits statements from a witness who committed perjury.