Waiguru wants Supreme Court to toss out Karua case

Kirinyaga Governor Anne Waiguru on Monday urged judges of the Supreme Court to dismiss an application by Narc Kenya Party leader Martha Karua seeking to revisit her election petition.

The petition was dismissed in December last year by a bench of three judges, but in her appeal, Ms Karua told the Supreme Court that she was not given a chance to provide cogent evidence to prove glaring irregularities in more than 100 polling stations.

But lawyers Paul Nyamodi and Kamotho Waiganjo told Chief Justice David Maraga and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u and Isaac Lenaola that the appellate court exhaustively considered all grievances raised by Ms Karua and declared that the gubernatorial election was conducted in accordance with the law.

KIEMS ACCESS

Justices Roselyn Nambuye, Hannah Okwengu and Gatembu Kairu, however, noted that the High Court did not give Ms Karua the opportunity to take possession of Forms 37A and B and the necessary data contained in the Kenya Integrated Election Management System (Kiems) kit.

Independent Electoral and Boundaries Commission (IEBC) failed to produce the Kiems kits because the equipment were to be used in the repeat presidential election, a decision that was allegedly communicated to Ms Karua.

On Monday, Mr Nyamodi and IEBC said Ms Karua was granted access to all electoral materials but did not take legal steps to take possession of them. 

He said the Narc Kenya leader never challenged the final results of the election and did not make any allegations against Ms Waiguru, who opted not to offer evidence during the hearing of the petition.

'COURT BIASED'

In her petition, Ms Karua complained of violations of electoral law, bribery of voters and exclusion of her agents but the High Court and Court of Appeal dismissed the claims.

She accused the two courts of being biased against her.

Ms Karua lost the election to Ms Waiguru on August 8, 2017 but contested the outcome in court.

Her petition was dismissed by the High Court but the ruling was overturned by the Court of Appeal, with the judges ordering the petition to be heard afresh.

Justice Lucy Gitari heard the petition and dismissed it, necessitating the second appeal.

The Appellate court dismissed the case, saying Ms Karua did not prove the allegations of voter-bribery and intimidation of her agents.

The Appellate bench said bribery was an election offence and Ms Karua was required to prove the allegations beyond reasonable doubt.

The Supreme Court will deliver the decision on notice.