Two judges withdraw from Karua-Waiguru petition

Two judges of the Court of Appeal in Nyeri have withdrawn from a petition challenging the election of Kirinyaga Governor Anne Waiguru citing their close relationship with NARC-Kenya party leader Martha Karua, who filed the case.

Judges Fatuma Sichale and Sankale Kantai said they were uncomfortable to hear the case, in which Ms. Karua is disputing the High Court decision to uphold Ms. Waiguru’s election and wants the ruling overturned.

While sitting at the Court of Appeal in Nyeri, Justice Sichale narrated to the presiding judge William Ouko about her close ties with Ms Karua.

She said her long friendship with Ms Karua dates back to when they were together at the Federation of Women Lawyers (Fida).

Justice Kantai said he knew Ms. Karua when she was the Justice and Constitutional Affairs Cabinet Minister and they became close friends.

The appeal was coming up for directions on hearing.

“For the reasons explained to the counsels, two members of the bench have recused themselves from hearing of this appeal. In the circumstances and by consent, it is directed that the appeal be heard in Nairobi by a bench to be constituted by the President of the court,” Judge Ouko said.

The case will be mentioned on July 31, 2018 for directions.