High Court rejects Karua petition to nullify entire August election
Narc Kenya leader Martha Karua has lost the first round of her quest to challenge the election of Kirinyaga Governor Anne Waiguru.
The former Justice minister received a major blow after the High Court sitting in Kerugoya dismissed with costs her application to nullify the entire August General Election.
High Court judge Lucy Gitari said the application lacks merit and does not raise any substantive issue of the law to necessitate the formation of a three-judge bench to hear the case.
Gitari said the matter can be adjudicated by the petition Karua has already filed in the same court to challenge the election of Kirinyaga Governor Anne Waiguru.
The judge noted the Supreme Court judgment on the presidential election between NASA leader (petitioner) Raila Odinga and President Uhuru Kenyatta cannot be applied â€˜wholesaleâ€™, since each election had its own merit.
She noted the election petition court has its unique duties and it is illegal to usurp its jurisdiction. The judge also failed to give orders to preserve the KIEMs and other election materials which the petitioner had requested the court for, adding Karua should first file her application officially and serve the respondent within seven days.
She had submitted that there is real danger of materials used in the election being interfered with since the IEBC is configuring them in readiness for the October 26 repeat presidential election.
In her submission to the court, Karua, through lawyer Ndegwa Njiru, said since the August 8 General Election was conducted by the same agency on the same day using the same technology and same electoral officials, the lower courts are bound by the decision of the Supreme Court that on September 1 nullified the presidential poll.