Martha Karua to appeal ruling on Anne Waiguru petition

What you need to know:

  • Earlier this month, the High Court in Kerugoya, for the second time, dismissed a poll petition filed by Ms Karua against the election of Ms Waiguru as Kirinyaga governor.

Narc-Kenya leader Martha Karua has moved to the Court of Appeal to challenge High Court’s decision to dismiss her petition against election of Kirinyaga Governor Anne Waiguru.

In a notice of appeal, Ms Karua and her running mate in 2017 polls Joseph Gitari indicated that they intend to challenge the entire judgment delivered by Justice Lucy Gitari on June 14 in Kerugoya.

VERDICT

“The appellant, Martha Karua, being dissatisfied with the judgement/order of Justice Gitari intend to appeal to the Court of Appeal of Kenya against the whole of the said judgment,” says Ms Karua in a notice addressed to the four respondents in the petition.

Earlier this month, the High Court in Kerugoya, for the second time, dismissed a poll petition filed by Ms Karua against the election of Ms Waiguru as Kirinyaga governor.

After the verdict, Ms Karua told her supporters that the battle was not over and she would challenge the ruling at the second highest court in the country.

She named the Independent Electoral and Boundaries Commission (IEBC), County Returning Officer Seki Lempaka, Governor Waiguru and deputy governor Peter Ndambiri as respondents in the case.

Ms Karua is seeking nullification of Ms Waiguru’s election on grounds that the August 8, 2017 poll was not free and fair.

She alleges that she was unfairly defeated, claiming that the election was marred by cases of voter bribery at polling stations and that her agents were barred from accessing the polling stations.

In the disputed poll results, Ms Waiguru garnered 161,373 votes while Ms Karua got 122,091 votes.

The petition was first dismissed in November last year on legal technicalities but she appealed the decision and judges ordered for a retrial.

Justice Gitari dismissed the petition again earlier this month.

CLAIMS

The judge dismissed Ms Karua’s claims that the governorship election was marred by cheating, intimidations, use of unauthorised persons in polling stations and forgery of ballot papers.

The court heard that there was breach of mandatory statutory and constitutional requirements in voting, counting, tallying and transmission of votes across the county.

Justice Gitari, in her ruling, said Ms Karua failed to prove the allegations.

The judge also threw out claims that the gubernatorial election in Kirinyaga was not free, fair and verifiable due to the irregularities and malpractices which worked in favour of Ms Waiguru.

Justice Gitari also declined to order for a fresh election and ruled that Ms Waiguru was validly elected.