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Supreme Court dismisses Karua’s petition, upholds Waiguru’s election win


The Supreme Court of Kenya has dismissed an appeal by Narc Kenya party leader Martha Karua challenging the election of Anne Waiguru as the governor of Kirinyaga county.

Following the ruling, which was delivered on Tuesday morning, Waiguru will continue serving as the governor of Kirinyaga county.

Karua moved to the Supreme Court in January to appeal the dismissal of her case challenging the election of Governor Waiguru.

The Appelate Judges while dismissing Karua’s appeal and upholding Waiguru’s election, said Karua had failed to convince the court that she suffered prejudice when the Independent Electoral and Boundaries Commission (IEBC) failed to produce the Kenya Integrated Election Management System (Kims) kit.

Karua went on to allude that the Kirinyaga governor had prior knowledge of the court ruling.

DEFECTIVE PETITION

“For a respondent who never came to court during hearing, but comes to court for judgment complete with a battery of media in tow and a celebration party, leaves one wondering whether she was aware of the outcome,” Karua said at the time.

In June 2018, the Kerugoya High Court dismissed Karua’s petition challenging the election of Governor Waiguru.

On November 15, 2017, a High Court sitting in Kerugoya dismissed a petition filed by the Narc Kenya leader against Governor Waiguru’s victory.

Lady Justice Lucy Gitari termed Karua’s petition as fatally defective, hopeless and incurable.

DOUBLE STANDARDS

The judge said that Karua failed to comply with Election (Parliamentary and County) Petition Rules 2017.

Karua, through her lawyer Gitobu Imanyara, moved to the Court of Appeal last year December to challenge the High Court’s decision.

Karua, in her appeal, said that Lady Justice Gitari was biased in the matter and applied double standards.

In January this year the Narc Kenya party leader took her battle to unseat the Kirinyaga to the Supreme Court.