Court Throws Our Martha Karua's Bid to Nullify Entire August 8th Elections
The High Court sitting in Kerugoya has thrown out with costs Narc Kenya leader Martha Karua’s petition to nullify the entire August 8th election.
In her application, the former Gichugu MP sought to have Chief Justice David Maraga constitute a three Judge bench to hear the application.
In dismissing the application Kerugoya High Court Judge Lucy Gitari said Karua's suit lacked merit and doesn’t raise any substantive issue of law to warrant the formation of a three judge bench.
Lady Justice Gitari noted that the matter the petitioner was raising can be well heard through the petition she has lodged in the same court to challenge Anne Waiguru’s win.
The judge pointed out that the Supreme Court ruling on Presidential election cannot be applied wholesale since each election has its own merits and demerits.
She said election petition court has its specific duties and it’s illegal to usurp its jurisdiction. The judge also declined to give orders to preserve KIEMs and other election material which Karua had requested pointing out that the petitioner should officially file her application and serve the respondent within seven days.
In his submission to the court, Karua's lawyer Gitobu Imanyara argued that since the August 8th General election was conducted by the same body, on the same day and using the same technology, the decision of the Supreme Court to overturn the presidential poll should apply to all other elections.