Blow to Karua as court dismisses petition against Waiguru

Written By: Collins Anampiu/Margaret Kalekye
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Narc Kenya leader Martha Karua

Narc-Kenya leader Martha Karua was Wednesday dealt a major blow after the High Court in Kerugoya dismissed a petition challenging the election of Kirinyaga Governor Anne Waiguru. 

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The court found that Karua omitted the disputed election results and dates declared by IEBC, which is a mandatory requirement.

While issuing the ruling Lady Justice Lucy Gitari termed the petition as fatally defective, hopeless and incurable after finding that Karua failed to comply with Election Petition Rules 2017.

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Justice Gitari also ordered Karua to pay the cost of suit amounting to Ksh 10million.

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Ms Gitari noted that election petition rule 8(1) is clear on how the petitioner should file the case before an election court.

Kirinyaga governor Anne Waiguru

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.

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Waiguru told the court that the petition was incompetent and bad in law.

However on her part Karua wanted the application dismissed saying that the petition was a matter of public interest.

Karua through her lawyer had argued that the Governor had misapprehended the provisions of the law, adding that the application was ill-timed and overtaken by events.

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Karua says she will appeal the ruling 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 on Monday but was pushed to Wednesday.

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