In Summary
  • Ms Karua wants the regional court to rule that the government infringed on her rights and award her damages.
  • One of the major criticisms against EACJ is that since it lacks mechanisms to ensure compliance with its judgments.

Narc-Kenya Party leader Martha Karua has escalated her war with the Judiciary to the East African Court of Justice (EACJ), accusing it of violating her right to access justice.

Ms Karua’s suit emanates from her failed bid to overturn the election of Ms Anne Waiguru as Kirinyaga governor over allegations of electoral misconduct.

She alleges that despite presenting her case, the High Court, the Court of Appeal and especially the Supreme Court, "failed to uphold the rule of law in knowingly dispensing injustice to the applicant while acknowledging that she was not at fault".

"This monumental failure by the judicial arm of the respondent State (Kenya) breached the EAC Treaty, and in particular Articles 6(d) and 7(2), which obligate partner states to uphold good governance, democracy, the rule of law, human and people’s rights," she says in the suit papers filed by her lawyer Gitobu Imanyara.

Ms Karua also asks the regional court to rule that the government infringed on her rights and award her damages, among other reliefs sought.

PETITION DISMISSED

After the August 2017 General Election, Ms Karua had petitioned the election of Ms Waiguru at Kirinyaga High Court on September 5, 2017, alleging impropriety by Independent Electoral and Boundaries Commission (IEBC) officers and Ms Waiguru's agents, which impacted the outcome.

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