In Summary
  • The fiery politician argued that Ms Waiguru was not validly elected as governor.
  • Ms Karua said the Supreme Court decision which nullified the presidential election should apply to all other polls.
  • She urged the court to issue orders compelling IEBC to provide available electronic information of the gubernatorial poll.

Narc Kenya leader Martha Karua wants Chief Justice David Maraga to constitute a three-judge bench to hear an election petition against the Kirinyaga Governor Anne Waiguru.

Through her lawyer Gitobu Imanyara, Ms Karua urged the Kerugoya High Court to certify her application as urgent.

The fiery politician Monday argued that Ms Waiguru was not validly elected as governor and, therefore, her election should be declared null and void.

She also argued that like the Kirinyaga gubernatorial poll, all other elections for ward representatives, MPs, senators and woman representatives, which were held on August 8, were marked with irregularities and should be nullified and fresh ones ordered.

"The three-judge bench is better placed to hear a case of this magnitude," argued Ms Karua.

SUPREME COURT DECISION

Ms Karua noted that the Supreme Court nullified the presidential election and its decision should apply to all other polls.

"The Supreme Court as a matter of law found there were irregularities in the presidential election and cancelled [it]. Therefore, we want this determination to apply to all other elections.

“It was as if there were no elections at all and the lower court is not open to depart from the Supreme Court decision. The Supreme Court set a precedent and the lower court should follow suit," said Mr Imanyara.

Ms Karua said the court should abide by the ruling of the Supreme Court and nullify Ms Waiguru’s election as well as other elections for other seats nationally.

Justice Lucy Gitari allowed the application and directed Ms Karua to serve all the respondents pending the hearing and determination of the suit. She said the application will be heard inter partes on September 18.

Ms Karua moved to court last week and filed a petition challenging Ms Waiguru's win.

Page 1 of 2