Court bars Martha Karua from using report in poll case

The High Court has barred Narc Kenya party leader Martha Karua from testifying on findings of a scrutiny conducted on election materials used in Kirinyaga County gubernatorial poll on August 8, 2017.

Justice Lucy Gitari issued the order after Governor Anne Waiguru and the electoral commission opposed production of the scrutiny report.

The two argued that copies of the report filed by Ms Karua and a High Court Deputy Registrar should be formally produced in court through an application.

Lawyer Paul Nyamondi, for the governor, urged the court to stop Ms Karua from giving evidence in regard to the report.

“The report is not part of the court records and she should not refer to it. She is proceeding with impunity. She should not continue until an application is made, heard and allowed by the court,” said Mr Nyamondi.

HEATED EXCHANGE

His comments caused a heated exchange of words between him and Ms Karua’s legal team led by lawyer CN Kihara, who was holding brief for Gitobu Imanyara.

Ms Karua, while objecting to the use of the word impunity, told the judge that the ‘junior counsel’ was using bad language in court, lacked courtesy and was misconducting himself.

The Independent Electoral and Boundaries Commission (IEBC) through lawyer Joe Kathungu said Ms Karua should not testify on the report until she makes an application in court.

“She must avoid referring to the report until it is admitted in court. She can be recalled to testify on it later,” said Mr Kathungu.

The governor and IEBC raised numerous objections after Ms Karua told the court that the electoral agency officials had blocked her from scrutinising the county’s gubernatorial voting materials as directed by the court.

CERTIFIED COPIES

In her evidence, Ms Karua said the court had on October 23, 2017 granted her read-only access of the electoral commission’s electronic system and access to certified copies of statutory election forms 37A and 37B.

She told the court that IEBC declined to comply as she was not provided with the Kenya Integrated Elections Management System (KIEMS) kits used in the disputed election.

“Only several SD cards were provided and we were also denied access to the Unique Identification Numbers of each KIEMS kit. Even the identification of the network provider of each geographical location is still unavailable,” Ms Karua stated.

Her evidence sparked further protest by lawyer Kamotho Waiganjo who was also representing governor Waiguru.

OBJECTION

“I was restraining myself from raising an objection on the evidence which is from content of the report. It must be supported by an affidavit. The petitioner will have an opportunity to present the evidence. Let her deal with other matters and not on the scrutiny report,” said Mr Waiganjo.

While defending her move, Ms Karua said she was entitled to inform the court when its orders are not obeyed.

In her ruling, judge Gitari directed Ms Karua to file an application seeking admissibility of the report in court and serve the governor and the electoral agency.

Hearing of the application will be made on April 17.