Karua loses round one in case against Waiguru; 28.09.2017

By GEORGE MUNENE
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Narc Kenya leader Martha Karua on Thursday lost a bid to have an election petition she has filed against Kirinyaga Governor Anne Waiguru be heard by a three-judge bench.

Kerugoya High Court Judge Lucy Gitari said the application by the petitioner lacked merit.Anti-riot police on standby outside the Kerugoya law courts as the High Court delivers ruling in petition filed by Martha Karua on September 27, 2017. PHOTO | GEROGE MUNENE | NATION MEDIA GROUP

Justice Gitari said the court has powers to hear an election petition of that nature and determine it.

"This court has been constituted by the Chief Justice to hear election disputes and one Judge is enough to hear the petition against the respondent," she said.

She also noted that the case was not complex or raised substantial question of law and as such it did not require three judges to handle it.

ANTI-RIOT

Immediately after the court's verdict, Ms Karua's lawyers Ndegwa Njiru and Noami Wanja applied that their client be supplied with a copy of the ruling for perusal.

Ms Waiguru's lawyers Kamotho Waiganjo and Andrew Karani welcomed the ruling and declared that they were ready to proceed with the hearing of the petition.

Anti-riot police were on standby as the judge read the ruling.

During hearing of the application, Ms Karua had submitted that her petition was of immense public interest and that it was not necessary to set up a bench to hear it.

She also argued that the matter was weighty and it should be handled and determined by more than one Judge.

ORDINARY

But Ms Waiguru disagreed with Ms Karua's argument saying that the petition was an ordinary one and that it could easily be heard and concluded in one week and it does not warrant the constitution of a bench.

Ms Karua argues that Ms Waiguru was not validly elected as governor and her election should be declared null and void.

She noted that the Supreme Court set a precedent when it nullified the presidential elections and its decision should apply to all other polls.

She claimed the elections were marred with voter bribery and that her agents were locked out of polling stations.

She alleged that ballot boxes were tampering with and forgery of ballot papers were widespread during the August 8 polls.

Ms Waiguru won the gubernatorial seat with 161,373 votes while Ms Karua got 122,091 votes.