Martha Karua's Petition Dismissed

The High Court on Thursday upheld the election of Kirinyaga county governor Anne Mumbi Waiguru after an appeal case lodged in the Court.

Making the final determination on Narc-Kenya party leader Martha Karua’s petition challenging the election of Waiguru, presiding Judge Lucy Gitari dismissed the petition on the grounds of merit.

Justice Gitari ruled that the election of Governor Waiguru in the August 8, 2017 election was free and fair making another momentous milestone in the protracted legal battle.

[caption caption="Governor Anne Mumbi Waiguru"][/caption]

Waiguru's lawyers had on Thursday last week urged the judge to dismiss the petition on grounds that Karua’s running-mate Gachoki Gitari not turning up in court during the hearing session.

In her defence, the Narc-Kenya party leader told lawyers Paul Nyamodi and the court that Gitari had not written formerly to indicate his withdrawal from the case as her co-petitioner, hence was still party to the matter.

"As you can read from my petition documents, Gitari signed them when we lodged this case and until he indicates through writing that he has withdrawn, we are still bound to the end," Karua told the court, insisting that the Gitari sworn affidavits were sufficient.

Karua’s lawyers C.N. Kihara countered the demands and asked to know why Governor Waiguru had not equally turned up in court. 

The lawyers defended the governor submitting that their client had not been singled out to have committed any electoral offences, therefore, was not necessarily required to appear before the judge.

Governor Waiguru further sought to be paid Ksh17.5 million upon conclusion of the matter while Karua left it to the discretion of the court to determine the amount she would be paid in the event she wins the case.

[caption caption="Martha Karua"][/caption]

Making the final ruling, however, Justice Gitari slapped Karua with Ksh6 million fee for the Independent Electoral and Boundaries Commission (IEBC) and Governor Waiguru for costs incurred.

Karua had cited the barring of her agents into various polling stations on Election Day, bribery of voters, tampering with ballot boxes, irregularities and illegalities in the electoral process as the grounds for her petition.