Kirinyaga Governor Anne Waiguru has sort to be enjoined as an interested party in the ongoing litigation at the East African Court of Justice (EACJ) filed by her rival Martha Karua.
According to a report published by the East African on Saturday, January 25 indicated that Waiguru argued that the outcome of Karua’s case is likely to affect her and her role as the governor of Kirinyaga County.
Through an affidavit presented at the regional court, Waiguru also stated that the case had been well handled by Kenya's Judiciary.
“Governor Waiguru and her deputy Peter Ndambiri were substantive parties and actively participated in the proceedings of the judicial organs of the Republic of Kenya that led to the challenged decision by Karua.
“It is fair that they are enjoined in the reference for this honourable court to have the benefit of hearing all the parties to the impugned decision so as to reach a correct and just determination. The outcome will be prejudicial to the governor if arrived at without their involvement,” read part of the application.
In the notice signed by the court’s registrar, Yufnalis Okubo, the court resolved to summon all the parties.
“Take notice that the above application has been listed for hearing on Thursday the 30th day of January 2020 in open court in Arusha.
“You are required to appear before this court without fail,” read the notice.
The court also ordered that Karua and Kenya’s Attorney General Kihara Kariuki be enlisted as respondents in Waiguru’s application that will be heard by a three-judge bench.
Karua’s lawyer Gitobu Imanyara confirmed the matter to The East African, adding that the case was still following the judicial process.
“Basically she (Ms Waiguru) has applied to be enjoined in the case next week so that she can oppose the matter,” remarked Gitobu Imanyara.
Karua took the case to the EACJ, where she alleged that despite presenting her case to the High Court, the Court of Appeal and later the Supreme Court, they did not dispense justice to her.
“This monumental failure by the judicial arm of the respondent state breached the EAC Treaty which obligates partner states to uphold good governance, democracy, the rule of law, human and people’s rights,” remarked Imanyara.
The former Gichugu MP further asked the regional court to rule that the government infringed on her rights and award her damages, among other reliefs.
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