Former Kirinyaga gubernatorial aspirant Martha Karua has suffered a blow after he Court of Appeal dismissed her appeal challenging the election of Kirinyaga Governor Anne Waiguru.
Delivering the ruling, Justice Gatembu said that Ms Karua did not prove her case beyond reasonable doubt on bribery claims.
“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.
However, the Court of Appeal found that the High Court erred in law by limiting Karua from using forms that were in possession of IEBC.
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.
But the case took a new turn after Karua claimed that video evidence on voter bribery got lost after being filed in court. The court later heard that she did not in fact include the crucial evidence she claimed went missing in the initial affidavits she filed in court in her case against Waiguru.
Delivering the ruling at the Kerugoya Law Courts, Justice Lucy Gitari said that governor Waiguru was elected in a free and fair manner.
On December 15 through her lawyer, Gitobu Imanyara, Karua sought to have Gitari’s ruling set aside saying that the judge ignored results of electoral materials scrutiny conducted pursuant to her orders issued on October 23, 2017.
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