Martha Karua Wins Petition Appeal Case
Following the ruling, the petition against Kirinyaga Governor Anne Waiguru win in the August 2017 election is to be heard afresh.
The Court of Appeal has, therefore, thrown out the High Court decision.
[caption caption="File image of Kirinyaga Governor Anne Waiguru"][/caption]
Karua, who is referred to as the iron-lady, when appealing the High Court ruling, claimed that the Lady Justice erred by ‘not finding that the petition raised weighty issues of law.’
Advocate Nelson Havi is the first person to comment on the Court of Appeal ruling stating:"It is now the turn of three wise men and women to examine decisions of the High Court on election petitions."
He added that he is hopeful that the retrial of the petition of Ms Karua against Waiguru will be before another Judge.
Havi further called on ousted Nandi Hills MP Alfred Keter to also appeal the decision of the Eldoret High Court which nullified his election.
According to the Kerugoya Court ruling, Lady Justice Lucy Gitari termed the petition as fatally defective, hopeless and incurable after finding that Ms Karua failed to comply with Election (Parliamentary and County) Petition Rules 2017.
In the November ruling, the court had found that Ms Karua had omitted the disputed election results and dates declared by IEBC, which is a mandatory requirement for submission.
Karua's failure to comply with the election petition rules also had consequences and was in violation of rights to fair trial.
The current county boss had also made an application for dismissal of the petition on October 17, 2017, through her lawyer Kamotho Waiganjo on grounds of non-compliance.
[caption caption="File image of NARC-Kenya leader Martha Karua"][/caption]
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