Firebrand politician Martha Karua is headed to the Supreme Court to appeal against the dismissal of her petition challenging Anne Mumbi Waiguru's election as Kirinyaga governor.
This is after the Court of Appeal on Thursday ruled that there was no merit in Karua's appeal application.
Before the judgement, the Narc Kenya Party leader had tweeted; "In court awaiting judgment on my Election Petition appeal.
"Whatever the outcome I will respect it and if need be exercise available legal options in the justice chain," she asserted.
"There was no prejudice suffered by the appellant in failure by Independent Electoral and Boundaries Commission (IEBC) to produce the Kenya Integrated Election Management System (KIMS) kit," Justice Gatembu Kairu read the ruling.
However, following the ruling, Karua hinted of foul play tweeting: "for a respondent who never came to court during hearing, but comes to court for judgment complete with a battery of media in tow and a celebration party, leaves one wondering whether she was aware of the outcome".
The Appellate judges also indicated that Waiguru’s legal team did persuade them that the judge was biased in rejecting the application for recusal.
They further ruled that the High Court erred in law by limiting the appellant from using forms that were in possession of IEBC.
In its dismissal, however, the Court of Appeal did not issue any costs in the case.
Karua went to the court of appeal after a High Court ruling upheld the election of the incumbent Kirinyaga Governor.
High Court Judge Lucy Gitari had in the past dismissed the election petition by the former Gichugu MP terming it as "incurable, defective and hopeless".
