The Supreme Court has declined to stop the High Court from hearing afresh Martha Karua’s case challenging Kirinyaga Governor Anne Waiguru’s election win.
In the decision read by Chief Justice David Maraga, the highest court in the land on Wednesday ruled that it cannot stop the proceedings at Kerugoya High Court since presiding judge Lucy Gitari is due to rule on an application challenging her jurisdiction to hear the case.
Ms Waiguru had applied for the stay of execution of Appeal Court order directing Justice Gitari to hear and determine the matter anew.
The top court further ruled that it would be unprocedural for it to interfere with the case, in which Ms Karua wants Ms Waiguru’s win annulled.
Judge Maraga, Njoki Ndung’u, Mohamed Ibrahim, Jackton Ojwang’ and Smokin Wanjala also disagreed with Ms Waiguru’s argument that the High Court has no jurisdiction to hear Ms Karua’s case.
The governor had argued that the six-month time line set in the Constitution for hearing election cases had lapsed.
But the supreme judges said that issue is core to the ruling set to be delivered by Judge Gitari on April 6.
The judges indicated that the High Court judge is competent to determine the issue of jurisdiction of her court to hear the matter, adding that it is unnecessary for the Supreme Court to be invited to make a verdict at this time.
Source-nation.co.ke
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