Anne Waiguru, Karua fight over judge bias claim

Kirinyaga Governor Anne Waiguru and Narc Kenya leader Martha Karua have sharply differed on whether a Kerugoya-based judge who dismissed the governorship election petition should participate in the fresh proceedings after the Court of Appeal overturned the ruling.

Ms Karua is opposing involvement of judge Lucy Gitari and wants Chief Justice David Maraga to appoint a new judge to hear the petition, which she filed alongside her proposed deputy governor Gachoki Gitari.

Through lawyer Gitobu Imanyara, the former Constitutional Affairs Minister accuses the judge of bias in her ruling in November in which she dismissed Ms Karua’s petition.

ARGUMENT
Mr Imanyara indicated that the judge should disqualify herself from hearing the petition again or participating in its proceedings.

“Justice will not be seen to have been done in the light of the strong and disparaging comments Judge Gitari made in relation to the petitioner,” the lawyer said.

But, in her response, Governor Waiguru, through lawyer Paul Nyamodi, opposed Ms Karua’s application, saying it does not disclose enough grounds to have the judge disqualify herself from hearing the petition again.

RECUSE

Mr Nyamodi said the court also does not have jurisdiction to entertain the application.

“The issues raised were considered and determined by the Court of Appeal. The application is tantamount to an appeal from the judgment of the Appellate Court,” the lawyer said.

Justice Gitari will hear the application on March 16 and decide whether or not she will disqualify herself from the case or will hear and determine the petition again.