The High Court in Kerugoya has dismissed a petition filed by Narc Kenya leader Martha Karua challenging the election of Kirinyaga Governor Anne Waiguru.
Lady Justice Lucy Gitari 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 Ms Karua omitted the disputed election results and dates declared by IEBC, which is a mandatory requirement.
The court said Ms Karua’s failure to comply with the election petition rules had consequences and was in violation of rights to fair trial.
OMISSIONS
“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.
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.
Ms Waiguru told the court that the petition was incompetent and bad in law.
On her side, Ms Karua together with former Kirinyaga Central MP joseph Gitari, who was her running mate, wanted the application dismissed arguing that the petition was a matter of public interest.
The poll loser said the governor had misapprehended the provisions of the law, adding that the application was ill timed and overtaken by events.
PRIMA FACIE
“The petition is duly filed and a prima facie case is established. The application is [an] abuse of court process… We were allowed by the court to access Kiems kits,” Ms Karua told the court.
Following the dismissal, Ms Karua expressed dissatisfaction with the ruling and said she will appeal and demanded to be supplied with certified copies of proceedings of the petition.
She further suspected foul play in the ruling, arguing that the decision was scheduled to be delivered Monday but postponed to Tuesday.
She complained about the huge crowd outside the court accompanying Governor Waiguru, who was in court, and the many journalists in the courtroom, which was not the case on Monday.
Ms Karua claimed some parties in the petition had advance information on the nature of the ruling before it was delivered.