Karua wants 3-judge bench to hear petition against Waiguru

By Daily Nation

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Narc Kenya leader Martha Karua (Right) and her lawyer Gitobu Imanyara (right) at the Kerugoya High Court on September 11 after presenting an application seeking to have a three-judge bench constituted to hear a petition she has filed against Kirinyaga Governor Anne Waiguru. PHOTO | GEORGE MUNENE | NATION MEDIA GROUP

Narc Kenya leader Martha Karua wants Chief Justice David Maraga to constitute a three-judge bench to hear an election petition against the Kirinyaga Governor Anne Waiguru.

Through her lawyer Gitobu Imanyara, Ms Karua urged the Kerugoya High Court to certify her application as urgent.

The fiery politician Monday argued that Ms Waiguru was not validly elected as governor and, therefore, her election should be declared null and void.

She also argued that like the Kirinyaga gubernatorial poll, all other elections for ward representatives, MPs, senators and woman representatives, which were held on August 8, were marked with irregularities and should be nullified and fresh ones ordered.

“The three-judge bench is better placed to hear a case of this magnitude,” argued Ms Karua.

SUPREME COURT DECISION

Ms Karua noted that the Supreme Court nullified the presidential election and its decision should apply to all other polls.

“The Supreme Court as a matter of law found there were irregularities in the presidential election and cancelled [it]. Therefore, we want this determination to apply to all other elections.

“It was as if there were no elections at all and the lower court is not open to depart from the Supreme Court decision. The Supreme Court set a precedent and the lower court should follow suit,” said Mr Imanyara.

Ms Karua said the court should abide by the ruling of the Supreme Court and nullify Ms Waiguru’s election as well as other elections 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 suit. She said the application will be heard inter partes on September 18.

Ms Karua moved to court last week and filed a petition challenging Ms Waiguru’s win.

The Independent Electoral and Boundaries Commission and the County Returning Seki Lempaka are also listed as respondents.

ELECTRONIC INFORMATION

While filing the petition, Ms Karua urged the court to issue orders compelling IEBC to provide available electronic information of the gubernatorial poll.

She also sought to have Ms Waiguru declared unfit to contest the gubernatorial position or any other elective post for allegedly committing electoral offences.

In her sworn affidavit, Ms Karua said that the governorship poll was not credible, free and fair, since there was cheating and intimidation of voters.

Further, Ms Karua said voter bribery was rife while her agents were locked out of polling stations.

She observed that tampering with ballot boxes and forgery of ballot papers were widespread during the August 8 polls.

‘FORGED FORMS’

Ms Karua said that the poll results transmitted by the presiding officers to the county tallying centre and, subsequently to the national tallying centre, were based on forged forms and did not bear the signatures of her agents.

Earlier, curious supporters of Ms Karua milled around the court precincts and orderlies had a hard time trying to control them.

Already, Ms Waiguru has insisted that she won the poll fairly and that she is ready to meet Ms Karua in court and fight it out with her.

Ms Waiguru garnered 161,373 votes while Ms Karua got 122,091.

When Ms Waiguru was declared the winner of the seat which had attracted five candidates, Ms Karua said she was not satisfied with the results.

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