The High Court in Kerugoya has dismissed with costs Narc Kenya leader Martha Karua’s application to nullify entire August election.
It was major blow for Karua in her quest to challenge the election of Kirinyaga governor Ann Waiguru.
In her application, Karua wanted Chief Justice David Maraga to form a three Judge bench to hear the matter.
Kerugoya High Court Judge Lucy Gitari said that the application lacks merit and doesn’t raise any substantive issue of law to necessitate the formation of a three judge bench.
Lady Justice Gitari pointed that the matter the petitioner was raising can be well adjudicated through the petition she has filed in the same court to challenge Waiguru’s win.
The judge noted that the Supreme Court judgment on Presidential election cannot be applied wholesale since each election has its own merits and demerits.
She noted that election petition court has its unique duties and it’s illegal to usurp its jurisdiction.
The judge also failed to give orders to preserve KIEMs and other election material which the petitioner had requested pointing out that the petitioner should first file her application officially and serve the respondent within seven days.
Karua had submitted that there is a risk that the elections materials will be interfered with arguing that IEBC is configuring them in readiness for the fresh Presidential election.
In his submission to the court, Karua lawyer Gitobu Imanyara said since the August 8th General election was conducted by the same body, on the same day and using the same technology, the decision of the Supreme Court to nullify the presidential poll should apply to all other elections.
The Judge however said Karua’s petition will be determined using evidence adduced in court and directed the parties involved to prepare for a pre-trial hearing slated for 4th of next month.
Waiguru’s lawyer Kamotho Waiganjo welcomed the ruling saying they are ready for the hearing.