Karua loses to Waiguru on a technicality

The Supreme Court has dismissed a petition by Narc Kenya leader Martha Karua, challenging the election of Anne Waiguru as Kirinyaga governor.

Karua had moved to the Supreme Court after losing at the High Court and Court of Appeal where the case had been dismissed.

The ruling, read by  Justice Lenaola on behalf of five judges, agreed with a High Court verdict that had described the procedures of filing the case as a nullity since the timeframe for filing the suit had been exhausted.

Justice Lenaola said that as a result, the Supreme Court had no jurisdiction in handling the matter.
“We must sympathize with the petitioner who, without any fault of her own, has been locked out of the seat of justice. We know the long time the process has taken, the huge financial resources that have been used by both parties,” he stated.

The judges thus ruled, “The final orders of the court, therefore, are as follows. The petition is hereby dismissed. The cost of the suit shall be borne by each party.”

The High Court in Kerugoya twice dismissed Karua’s case prompting her to move to the Court of Appeal where it was also thrown out.

In her suit papers, Karua claimed that her agents were barred from accessing polling stations. She also cited allegations of bribery and canvassing. She was not given a chance to prove this on a technicality.

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