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Judges disqualify themselves from hearing Karua election petition

By Nderitu Gichure | Published Wed, July 25th 2018 at 00:00, Updated July 24th 2018 at 23:24 GMT +3

An upset Narc-kenya leader Martha Karua (left ), after a Kerugoya Judge Lucy Gitari delayed by more than one hour a ruling on an application to have the Judge recuse herself from an election petition against Governor Anne Waiguru before storming out. [PHOTO:Munene Kamau/Standard]

Two judges have withdrawn from an election petition appeal filed by the Narc Kenya leader Martha Karua.

Justices Fatuma Sichale and Sankale Kantai recused themselves from the case, citing a close relationship with Martha Karua.

Ms Karua has appealed a High Court decision to dismiss her petition challenging Kirinyaga Governor Anne Waiguru's election.

Justice Sichale said her friendship with Karua dates back to when they were together at the Federation of Women Lawyers.

Justice Kantai, on the other hand, said he knew the former Gichugu MP when she was the Justice and Constitutional Affairs Cabinet minister and they became close friends.

“For the reasons explained to the counsels, two members of the bench have recused themselves from hearing this appeal. In the circumstances and by consent, it is directed that the appeal be heard in Nairobi by a bench to be constituted by the president of the court," said the presiding judge, William Ouko, who is also the president of the Court of Appeal.

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Court of Appeal

Karua wants the judgement delivered by High Court judge Lucy Gitari on June 14 in Kerugoya set aside. She said her appeal was anchored on 31 grounds, with claims that elections were not credible, free, fair and verifiable.

She also wants the Appeal Court to nullify Ms Waiguru's election and make her pay the costs of the suit.

This is the second time the Narc Kenya leader is appealing the dismissal of her petition by the High Court in Kerugoya.

The petition was first struck out in November last year on legal technicalities but the Appeal Court in Nairobi ordered a retrial.

Karua has named the IEBC, County Returning Officer Seki Lempaka, Governor Waiguru and Deputy Governor Peter Ndambiri as respondents


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