Martha Karua, the Narc Kenya party leader and former Kirinyaga county gubernatorial seat aspirant petition has been dismissed by Kenya’s highest court.
Reprieve to the current governor Anne Waiguru after battling it in the corridors of power with Karua for the last two years.
However, Justice Issac lenaola ordered all parties to bear their own costs for the entire two year court proceeding held at the High Court, Appellate Court and the Supreme Court.
“I think Martha Karua should accept and I hope she finally puts this matter to rest. The court process has not affected our performance but it has been a distraction nonetheless; it was an unnecessary distraction.” Said Waiguru.
On her side, Karua said: ” Many thanks to those who stood with me in my judicial marathon . All is not lost there is much more to do. I did not get justice at the court but Aluta continua. The journey to success is long and wide.”
The Appelate Judges while dismissing Karua’s appeal and upholding Waiguru’s election, said Karua had failed to convince the court that she suffered prejudice when IEBC failed to produce the Kenya Integrated Election Management System (Kims) kit.
Karua has also alleged that the Anne Waiguru had prior knowledge of the court ruling.
“For a respondent who never came to court during hearing, but comes to court for judgment complete with a battery of media in tow and a celebration party, leaves one wondering whether she was aware of the outcome,” Karua said at the time.
In June 2018, the Kerugoya High Court dismissed Karua’s petition challenging the election of Governor Waiguru.
On November 15, 2017, a High Court sitting in Kerugoya dismissed a petition filed by the Narc Kenya leader against Governor Waiguru’s victory. Lady Justice Lucy Gitari termed Karua’s petition as fatally defective, hopeless and incurable. The judge said that Karua failed to comply with Election (Parliamentary and County) Petition Rules 2017.
Last year in June, Narc Kenya leader Martha Karua moved to Court through her lawyer Gitobu Imanyara, the Court of Appeal to challenge the decision by the High Court to dismiss her petition against the election of Ann Waiguru as Kirinyaga Governor.
This is after the Kerugoya High Court for the second time dismissed her petition seeking to challenge the election of Waiguru. In a memorandum of appeal filed at the court of appeal registry in Nyeri, the Narc Kenya leader cited her dissatisfaction, indicating her intentions to appeal the entire ruling.
In the case, Karua had named IEBC, county returning officer, Kirinyaga Governor and deputy governor as respondents. Earlier the Kerugoya High court judge Lucy Gitari for the second time had dismissed Karua’s petition.