Judge opts out of Martha Karua case

A Court of Appeal judge has disqualified himself from hearing an appeal filed by Narc-Kenya leader Martha Karua challenging the High Court decision that upheld Kirinyanga Governor Anne Waiguru’s election.

Justice Otieno Odek on Monday said he discussed the case at hand with other members of the election committee therefore cannot hear the appeal.

Ms Karua had asked the Justice Odek to disqualify himself over alleged biasness.

Through her lawyer Gitobu Imanya, Karua had argued that Justice Odek allegedly discussed the merits of the appeal at a public function and expressed the outcome of the case.

Following Odek’s decision, another judge has to be appointed to join Justices Mohammed Warsame and Daniel Masinga who will hear the appeal.

Karua insists that the August 8 election was not free and fair.

She filed the appeal after Kerugoya High Court judge Justice Lucy Gitari dismissed her petition terming it as “defective and incurable.”