The Iron Lady, Narc Kenya party leader Martha Karua, is not going down without a fight in the case against Waiguru’s August 8 win. The High Court in Kerugoya on Wednesday dismissed her petition challenging the election of Anne Waiguru as Kirinyaga Governor.
The former Gichugu MP Martha Karua has said that she will appeal the dismissal by Judge Lucy Gitari.
In her ruling, the Judge said the petition did not adhere to election petition rules and the Elections Act. She termed the petition as fatally defective, hopeless and incurable after finding that Ms Karua failed to comply with Election (Parliamentary and County) Petition Rules 2017.
The court found that Karua omitted the disputed election results and dates declared by IEBC, which is a mandatory requirement. Judge Gitari noted that the failure to comply with the election petition rules had consequences and was in violation of rights to fair trial.
“Allowing the petition with omissions of mandatory information is violating the respondent’s rights to fair trial. The respondent should not be allowed to wander in a tiring journey without details of what is in dispute,” said the judge.
She further ordered the petitioner to pay Sh10 million as the cost of the suit.
The application for dismissal of the petition was made by Governor Waiguru on October 17, 2017 through lawyer Kamotho Waiganjo on grounds of non-compliance.
Following the dismissal, Karua expressed dissatisfaction with the ruling and demanded to be supplied with certified copies of proceedings of the petition.
Taking to Twitter, Marta Karua said: “I am appealing so it’s not over yet.”
She further suspected foul play in the ruling, arguing that the decision was scheduled to be delivered Monday but postponed to Tuesday.
“Is it a coincidence that the ruling was well covered by a battery of journalists while supporters of the third respondent celebrated before it was read?” she asked. “Did they know the outcome?”
The judge defended herself saying only she and her “trustworthy” secretary knew the content of her judgment.
“On the matter of journalists, I can’t control that because they always come to cover proceedings. Today was not an exception. I can confidently say nobody other than my secretary knew the contents of the judgment.”
Meanwhile, Waiguru, Deputy Governor Peter Ndambiri, and their supporters broke into song and dance outside the court to celebrate the win.
She described the ruling as “God’s work.”
“I knew I would emerge winner since the people spoke loudly when they elected me,” she said.
“This is a great win…I thank God for his favour and my lawyers who have done brilliant work. They spent a lot of time researching and at last we emerged winners.”