Narc-Kenya party leader Martha Karua has lost her bid to be allowed to introduce new evidence in the case she has filed challenging the High Court verdict, which upheld the election of Kirinyaga Governor Anne Waiguru.
Court of Appeal Judges Roselyn Nambuye, Hannah Okwengu and Gatembu Kairu struck out the evidence, saying Ms Karua had not provided sufficient grounds why the evidence should be admitted.
“The new evidence will be prejudicial to the main appeal if allowed at this stage,” the judges ruled.
The new evidence, contained in a flash disk, had been rejected by the High Court, but Ms Karua felt it was important in the appeal.
The request to include it was opposed by Ms Waiguru, and the Independent Electoral and Boundaries Commission, saying it might result in the case taking a totally new angle.
The hearing of the appeal was earlier temporarily delayed after two judges of the Court of Appeal — Fatuma Sichale and Sankale ole Kantai — withdrew, citing their close relations with Ms Karua.
The judges said their presence in the hearing would create a perception of bias.
FILING AN APPEAL
Ms Karua lost the election to Ms Waiguru during the August 8, 2017 elections but challenged the outcome. This is the second time she is filing an appeal.
Her case was first dismissed early this year but the Court of Appeal overturned the decision and ordered the petition to be heard afresh.
The appeal will now be heard on October 1.