Kirinyaga Governor Anne Waiguru will know her fate after Supreme Court judges stated they will fix the date to deliver their ruling on whether the High Court has the jurisdiction to hear and determine Narc-Kenya leader Martha Karua’s case challenging her victory.
The governor moved to the Supreme Court after an appellate court ordered a petition against her be heard afresh.
Waiguru told the Supreme Court judges that the High Court had run out of its jurisdiction after the lapse of the six months period set out in the constitution for courts to resolve election cases.
She further argued that it would be illegal and unconstitutional for courts to sidestep the strict timeline set by the constitution to hear and determine election cases.
[caption caption="Kirinyaga governor Anne Waiguru"]
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Through her lawyer Paul Nyamodi, she told the Supreme Court that Lady Justice Lucy Gitari of Kerugoya High Court opened the case afresh in accordance to the Court of Appeal directive which nullified her previous decision to strike out the case.
Nyamondi blamed the appeals court judges for “recklessly” placing Justice Gitari in an awkward situation by directing her to hear the case afresh despite being robbed of her jurisdiction to rule on the matter.
He further told the Supreme Court that it would be an embarrassment to the judicial system and failure to uphold the rule of law should Justice Gitari proceed to hear and determine the case.
Karua, through her lawyer Gitobu Imanyara, opposed the application arguing that her case was not fully heard and determined at the High Court.
She maintained that Justice Gitari struck out her petition on a technicality which she successfully appealed and it would be an injustice if she is denied a second chance to prosecute her case.
[caption caption="Narc Kenya leader Martha Karua (4th left) with her lawyer Gitobu Imanyara (2nd left)"]
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Imanyara also told the judges that Waiguru’s application was not filed in good faith and her sole intention was to seek them uphold her incumbency.
