The Court Of Appeal has dismissed an election petition by Martha Karua of Narc Kenya challenging the election of Anne Waiguru as Kirinyaga governor in the 2017 general elections.
The three-judge bench ruled that Karua’s appeal did not have merit and ordered each party to bear their own cost of litigation, overturning the high court ruling that had slapped Martha Karua with the sh10M cost.
In November last year, a high court judge dismissed Karua’s petition challenging the election of Kirinyaga governor, Anne Waiguru, saying it was “hopeless, defective and incurable”.
Justice Lucy Gitari also slapped the Narc leader with Sh10M Cost of Suit for the Respondents.
Karua, through her lawyer Gitobu Imanyara, filed for an appeal saying the high court judge erred in her ruling.
“I believe the judgment was in error as it failed to appreciate the law and the authority, and that’s why we are filling an appeal tomorrow, the first step to an appeal is a notice of appeal, and that’s what we will be doing,’ Karua said.
Waiguru was declared the winner of the Kirinyaga gubernatorial race 2017 after garnering 159,606 votes against Karua’s 120,341.
Martha Karua has vowed to move to the Supreme Court to challenge the court of appeal ruling.
If she proceeds to the Supreme court, the Kirinyaga gubernatorial election petition will become the second after that of Machakos County, filed my Wavinya Ndeti challenging the election of Alfred Mutua.