Tussle in Supreme Court as Waiguru, Karua Case Takes a New Twist

Image result for anne waiguru and martha karua

Kirinyaga Governor Anne Waiguru and Narc Kenya Party leader Martha Karua battle doesn’t seem to end any time soon.

On Monday Waiguru urged judges of the Supreme Court to dismiss an application by Karua seeking to revisit her election petition.

The petition was dismissed in December last year by a bench of three judges, but in her appeal, Ms Karua told the Supreme Court that she was not given a chance to provide cogent evidence to prove glaring irregularities in more than 100 polling stations.

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But lawyers Paul Nyamodi and Kamotho Waiganjo told Chief Justice David Maraga and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola that the appellate court exhaustively considered all grievances raised by Ms Karua and declared that the gubernatorial election was conducted in accordance with the law.

Justices Roselyn Nambuye, Hannah Okwengu and Gatembu Kairu, however, noted that the High Court did not give Ms Karua the opportunity to take possession of Forms 37A and B and the necessary data contained in the Kenya Integrated Election Management System (Kiems) kit.

Image result for anne waiguru and martha karua

Independent Electoral and Boundaries Commission (IEBC) failed to produce the Kiems kits because the equipment were to be used in the repeat presidential election, a decision that was allegedly communicated to Ms Karua.

On Monday, Mr Nyamodi and IEBC said Ms Karua was granted access to all electoral materials but did not take legal steps to take possession of them. 

He said the Narc Kenya leader never challenged the final results of the election and did not make any allegations against Ms Waiguru, who opted not to offer evidence during the hearing of the petition.

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