Azimio Principal Martha Karua on Tuesday, January 31, suffered a blow from the High Court after her case was dismissed.
Karua had appealed to the court to reverse a decision made by the Judicial Service Commission (JSC) in her election petition against Kirinyaga Governor Anne Waiguru.
The Azimio principal had requested the JSC to remove High Court Judge Justice Lucy Gitari from office accusing her of incompetence and gross misconduct.
Karua was particularly aggrieved by the way Justice Gitari handled her election petition challenging Waiguru’s 2017 election win.
While delivering his ruling, Justice Anthony Ndung’u dismissed Karua’s request saying her case lacked merit and was misconceived.
Justice Ndung’u further ruled that Karua accusing JSC of its decision was an abuse of the court process.
“I am satisfied that the JSC considered Karua’s petition and in the JSC’s opinion, and for reasons which it communicated to her, the petition did not warrant any further action except to dismiss it,” Justice Ndung’u ruled.
He further determined that the JSC was gracious enough to take her case in the first place.
“The fact that the JSC considered Karua’s petition is a testimony, that she was given an opportunity to present her case before it was dismissed,” he ruled.
Karua lost three petitions in her quest to challenge Anne Waiguru’s 2017 win as governor of Kirinyaga County.
After Justice Gitari had dismissed her case at the High Court, she lodged an appeal at The Court of Appeal.
She lost at the Appellate Court and filed another appeal at the Supreme Court which she also lost.
Karua found a reprieve at the East African Court of Justice (EACJ) where she was awarded Ksh2.7 million as damages.
Even though the EACJ did not overturn Waiguru’s win, it ruled that Kenyan courts had infringed on her right to a fair trial and hearing.
