Blow to Martha Karua as Court upholds Waiguru’s election
Narc-Kenya Party leader Martha Karua has been dealt a blow after the Kerugoya High Court on Thursday afternoon dismissed her petition challenging the election of Kirinyaga Governor Ann Waiguru.
Judge Lucy Gitari threw out Karua’s petition on grounds that it lacked merit and ordered her to pay costs amounting to Ksh.5 million.
This is the second time the High Court has dismissed Karua’s bid to have Waiguru’s election nullified.
Karua was represented by Lawyers Gitobu Imanyara and PN Kihara while Governor Waiguru’s defence team included Kamotho Waiganjo and Paul Nyamondi.
The case was first dismissed on November 15, 2017 by Justice Lucy Gitari who termed the petition filed by Narc Kenya party leader Martha Karua as “hopeless, defective and incurable”.
Karua moved to the Court of Appeal which ruled in her favour, ordering that the case be heard afresh in the High Court.
In the ruling, appellate judges; Mohammed Warsame, Daniel Musinga and William Ouko faulted the High Court decision to uphold Waiguru’s election saying that she was not accorded justice and that the case was dismissed without a fair hearing.
The court also set aside the order of Ksh.10 million for costs and decried the emerging practice of prohibitive costs on losing candidates.
Waiguru moved to the Supreme Court to block a fresh hearing of the petition but the Justice David Maraga-led court declined to stop a second hearing of the case.