Blow To Karua As Supreme Court Upholds Decision By Appellate Court In Waiguru’s Election


Kirinyaga governor Anne Waiguru has crossed the final hurdle after the Supreme court dismissed the petition by Narc-Kenya leader Martha Karua.

Justice Isaac Lenaola also ordered both parties to cater for their own costs of the suit

Martha Karua had moved to the Supreme court after the Court of Appeal dismissed her petition. In her application she had claimed that the Kirinyaga governor had prior knowledge of the ruling by Justice Lucy Gitari.

She said that Waiguru had never attended the trial but was present on the day of the judgement.

“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,” said Karua.

The Court of Appeal Judge Gatembu Kairu had stated that there was no prejudice against Karua from the  the Independent Electoral and Boundaries Commission’s (IEBC) failure to produce the Kiem Kit.

“There was no prejudice suffered by the appellant in failure by Independent Electoral and Boundaries Commission (IEBC) to produce the Kenya Integrated Election Management System (KIMS) kit,” said the judge.

The judge said that Martha Karua did not prove her case beyond reasonable doubt.

The Court of Appeal however found that the High Court erred in law by limiting Karua from using forms that were in possession of IEBC.

Read: Court Of Appeal Upholds Babu Owino’s Election As Embakasi East MP

In the contested election, the current governor Ann Waiguru garnered 153,353 votes (53,87 per cent) while Karua got 116,626 votes (40.97 percent). The immediate former Governor Joseph Ndathi garnered 4,496 votes.

The High Court in Kerugoya dismissed Karua’s case on November 15, 2017 terming it as ‘hopeless, defective and incurable prompting Karua to move to the Court of Appeal.

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Written by Merxcine Cush

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