Karua wants three judges to hear case
Narc Kenya leader Martha Karua and her lawyer Gitobu Imanyara leave Kerugoya High Court after presenting an application concerning the governorship election petition, on September 11, 2017. She wants Anne Waiguru’s election nullified. PHOTO | GEORGE MUNENE | NATION MEDIA GROUP
What you need to know:
- She said the Supreme Court nullified the presidential election over anomalies and its decision should apply to all the other polls.
- Ms Karua urged the court to issue orders compelling the IEBC to provide electronic information of the governorship election.
Narc Kenya leader Martha Karua wants Chief Justice David Maraga to constitute a three-judge Bench to hear an election petition she has filed against Kirinyaga Governor Anne Waiguru.
She urged the High Court in Kerugoya to certify her application as urgent.
The politician, through her lawyer Gitobu Imanyara, on Monday argued that Ms Waiguru was not validly elected as the county boss and her election should be declared null and void.
PRESIDENTIAL POLL
She said just like the Kirinyaga governorship poll, the other elections held on August 8 for ward representatives, MPs, woman representatives and senators were marked by irregularities and should be nullified and fresh ones ordered.
“The three-judge Bench is better placed to hear a case of this magnitude,” Ms Karua argued.
NULLIFY
She said the Supreme Court nullified the presidential election over anomalies and its decision should apply to all the other polls.
“The Supreme Court found there were irregularities in the presidential election and cancelled it.
"We, therefore, want this determination to apply to all other elections.
"The lower court is not open to departing from the Supreme Court decision. The Supreme Court set a precedent and the lower court should follow suit,” Mr Imanyara said.
WAIGURU WIN
Ms Karua said the court should abide by the ruling of the Supreme Court and nullify Ms Waiguru’s election as well as other polls for other seats nationally.
Justice Lucy Gitari allowed the application and directed Ms Karua to serve all the respondents pending the hearing and determination of the case.
She said the application will be heard inter partes on September 18.
ELECTION DATA
Ms Karua moved to court last week and filed a petition challenging Ms Waiguru’s win.
The Independent Electoral and Boundaries Commission (IEBC) and county returning officer Seki Lempaka were also listed as respondents.
While filing the petition, Ms Karua urged the court to issue orders compelling the IEBC to provide electronic information of the governorship election.
