Blow to Waiguru as court orders Karua petition be heard afresh


Blow to Waiguru as court orders Karua petition be heard afresh
Anne Waiguru and Martha Karua

In Summary

  • The Appeal Court in Nairobi has ruled that the petition against  the election of Anne Waiguru as the Governor of Kirinyaga be heard afresh.
  • In the ruling, appellate judges; Mohammed Warsame,Daniel Musinga and William Ouko faulted the High Court decision to uphold Waiguru's election saying that she was not accorded justice and that the case was dismissed without a fair hearing.
  • The court has also set aside the order of 10 million for costs and decried the emerging practice of prohibitive costs on losing candidates.

The Appeal Court in Nairobi has ruled that the petition against the election of Anne Waiguru as the Governor of Kirinyaga be heard afresh.

In the ruling, appellate judges; Mohammed Warsame, Daniel Musinga and William Ouko faulted the High Court decision to uphold Waiguru’s election saying that she was not accorded justice and that the case was dismissed without a fair hearing.

The court has also set aside the order of Ksh.10 million for costs and decried the emerging practice of prohibitive costs on losing candidates.

This ruling comes after Ms. Karua moved to the appellate court challenging the High Court decision that upheld Kirinyaga Governor Anne Waiguru’s election.

Through lawyer Gitobu Imanyara, Karua had filed a petition against the election of Jubilee Party candidate on account that since the Supreme Court had nullified the August 8 presidential election, all the other elections were also not valid.

Karua insists that the August 8 election process was not free, fair and credible therefore should be declared null and void.

She filed the appeal after Kerugoya High Court judge Justice Lucy Gitari dismissed her petition terming it as “defective and incurable.”
Governor Waiguru through her lawyers said that she will be challenging the court of appeal decision at the Supreme Court.

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Story By Dzuya Walter
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