Issuing the ruling, Chief Justice David Maraga, in the presence of the other Supreme Court judges, declined to cease the petition filed by Karua.
The highest court in the land further ruled that it would be unprocedural for it to interfere with the case, in which Ms Karua wants Waiguru's win annulled.
[caption caption="File image of Martha Karua"][/caption]
In a text, Karua's lawyer Gitobu Imanyara told Kenyans.co.ke, that Judge Maraga, Njoki Ndung'u, Mohamed Ibrahim, Jackton Ojwang' and Smoking Wanjala disagreed with Waiguru's argument that the High Court has no jurisdiction to hear Ms Karua's case.
Through her lawyers, the notice was filed just moments after the three-judge bench at the Appellate court handed victory to the former Gichugu Member of Parliament.
"Take notice that being dissatisfied by the Court of Appeal ruling intends to appeal to the Supreme Court against the whole of the decision," the notice read in part.
On March 2, Karua won the petition appeal case against the ruling of the Kerugoya High Court.
Following the ruling, the petition against Waiguru win in the August poll election is to be heard afresh.
The Court of Appeal hence threw out the High Court decision.
Karua, who is referred to as the iron-lady, when appealing the High Court ruling, claimed that Lady Justice Lucy Gitari erred by ‘not finding that the petition raised weighty issues of law.’
According to the Kerugoya Court ruling, the judge 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.
[caption caption="File image of Kirinyaga Governor Anne Waiguru"][/caption]
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