Kenya: Karua Goes to Supreme Court to Challenge Waiguru's Poll Win

Governor Anne Waiguru and Narc Kenya party leader Martha Karua wait for President Uhuru Kenyatta at Kirinyaga County (file photo).
3 January 2019

Narc Kenya leader Martha Karua has moved to the Supreme Court to appeal the dismissal of her petition against the election of Ms Anne Waiguru as the Kirinyaga governor in August 2017.

Ms Karua, in a notice of appeal filed at the Court of Appeal registry in Nyeri, indicated that she intends to challenge the entire judgment delivered by Justices Roselyn Nambuye, Hannah Okwengu and Stephen Gatembu on December 20, 2018.

The notice dated December 28, 2018 and received at the registry on December 31, 2018 was filed through Gitobu Imanyara & Company Advocates.

DISSATISFIED

"Take notice that the appellant, being dissatisfied with the judgment/order of the honourable court, intends to appeal to the Supreme Court of Kenya against the whole of the said judgment/order," reads the notice addressed to the Independent Electoral and Boundaries Commission (IEBC) and Governor Waiguru.

Ms Karua is challenging the decision by the three judges to dismiss her claims against IEBC that the governor's election was not fair since it was marred by malpractices such as bribery and intimidation of voters.

UNAUTHORISED PEOPLE

She also claimed there was forgery of the election statutory forms 37A used to transmit results from polling centres to the county tallying centre.

Ms Karua also alleges that unauthorised people, such as former Mwea MP Alfred Nderitu and businessman Juma Wambugu, were illegally allowed to man the polling stations.

The former Justice minister also alleged that Governor Waiguru's tally was inflated by over 48,000 votes.

But the appeal judges, while upholding Ms Waiguru's win, ruled that Ms Karua failed to prove the claims beyond reasonable doubt.

The judges also dismissed her claims that the Kerugoya High Court Judge Lucy Gitari was biased towards Ms Waiguru during the hearing of the petition and that the first verdict of dismissing the case was a miscarriage of justice.

The appellate judges also threw out Ms Karua's claims that the Kerugoya judge erred by failing to find that the electoral commission's failure to give her access to the Kenya Integrated Election Management kits used in the disputed poll gravely prejudiced her case.

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