Narc-Kenya leader Martha Karua has decided to back up her lawyer in pursuing an appeal challenging the decision of a Kerugoya High Court that dismissed her petition against Kirinyaga Governor Anne Waiguru.
Lawyer Gitobu Imanyara told the Appeal Court sitting in Nakuru yesterday that he was acting for the appellant (Ms Karua) and together with her would pursue the appeal.
Karua who sat with other lawyers and next to Mr Imanyara, was wearing a gown, an indication that she was going to argue her own case.
The court, however, could not hear the appeal and ordered that it be transferred to Nairobi.
Three appellate judges, Kathurima M’Inoti, Fatuma Sichale, and Sankale ole Kantai ordered that the matter be presented before Chief Justice David Maraga to be given a hearing date.
The court noted that the appeal could not be heard as there was no substantive presiding judge to handle the matter.
“The appeal was supposed to be heard at Nyeri. However, we did not have a substantive presiding judge to handle the matter and the best way of dealing with this appeal is to send it to Nairobi quickly for purposes of getting a date for hearing,” said Justice M’Inoti.
The presiding judge of the Court of Appeal, Justice GBM Kariuki, has retired.
The judges directed that the matter be mentioned in Nairobi on a priority basis.
Karua in her appeal wants the judgement of the High Court in Kerugoya in favour of Waiguru overturned.
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The judgement also saw Karua fined Sh10 million as cost of the suit.
Kerugoya judge Lucy Gitari in her judgment noted that Karua had failed to comply with provisions of the Elections Act 2017.
Justice Gitari said the provisions of the Act were clear that a petitioner must disclose the full election results and the date such a declaration was made. Karua, however, had failed to do so.
“This petition faces the consequences of non-compliance and has no basis for going on trial with these kinds of defects while doing so would be an exercise in futility,” Gitari ruled.
“Any petition that fails to state the date of the election, the results of such an election, and how declared is fatally defective, hopeless, and beyond salvage,” added the judge.