Narc-Kenya leader Martha Karua wants Chief Justice David Maraga to constitute a fresh election court to hear her petition against election of Kirinyaga governor Anne Waiguru.
Ms Karua through lawyer Gitobu Imanyara accused the Kerugoya High Court judge Lucy Gitari of biasness in her ruling dated November 15, 2017 in which she dismissed the petition.
Mr Imanyara indicated that the judge should disqualify herself from hearing the petition again or even participating in its proceedings.
In a four-page application, the lawyer said the judge’s continuation to hear the petition by will result to a miscarriage of justice and that Ms Karua would be gravely prejudiced.
“Justice will not be seen to have been done in the light of the strong and disparaging comments judge Gitari made in relation to the petitioner. In the light of Court of Appeal judgment, a fair hearing cannot take place before judge Gitari,” said lawyer Imanyara.
He was making reference to the judge Gitari’s decision to dismiss the petition, in which she termed the petition as “hopeless, defective and incurable”.
Mr Imanyara indicated that the judge used intemperate language in her conduct and the ruling and that she was biased in the case and was applying double standards.
“It is for the interest of justice that judge Gitari recuse herself from the case. She ignored the petitioner’s pleadings which were appreciated by the Court of Appeal,” Mr Imanyara added.