Waiguru wins case as Martha vows to go to Supreme Court

Kirinyanga Governor Ann Waiguru follows proceedings at Appellate Court where Martha Karua was challenging her election as Kirinyaga governor,the petition was thrown out due to sufficient evidence.20/12/18-[Photo: Beverlyne Musili,Standard]

Kirinyaga Governor Anne Waiguru can rest easy after the Court of Appeal upheld her victory in last year's elections.

This came as the Supreme Court prepared to deliver verdicts on election petitions against 13 governors and MPs today.

In Waiguru's matter, the court dismissed a case by her rival Martha Karua, saying it had no merit. 

Each party was asked to bear their costs.

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On November 15 last year, the High Court in Kerugoya twice dismissed Karua’s case prompting her to move to the Court of Appeal.

Karua was challenging Waiguru’s victory over claims the election conducted by Independent Electoral and Boundaries Commission (IEBC) was not free and fair.

She claimed her agents were barred from accessing polling stations. She also cited allegations of bribery and canvassing.

In her petition to the appellate court, Karua protested ruling by the court in Kerugoya, saying it was not fair.

But yesterday, the appellate court upheld Waiguru’s victory, saying Karua failed to convince the court  she suffered prejudice when IEBC failed to produce the Kenya Integrated Election Management System (KIMS) kit.

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“There was no prejudice suffered by the appellant in failure by Independent Electoral and Boundaries Commission (IEBC) to produce the Kenya Integrated Election Management System (KIMS) kit,” said Justice Gatembu Kairu.

Waiguru said she was not uncertain about the outcome because, “we knew we won the election”.

Karua, who was present in the court, did not address the media but posted on her Twitter account that she would proceed to the Supreme Court.

“Appeal dismissed with no order as to costs. I am headed to the Supreme Court to exhaust the justice chain,” tweeted Karua.

Today, the first petition will be that of Machokos governorship aspirant Wavinya Ndeti who is challenging Governor Alfred Mutua’s win.

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Embattled Embu Governor Martin Wambora — verses the Parliamentary Service Commission — will also know his fate today. 

Another petition to be determined today is Suleiman Mwamlole Warrakah's, on the Kwale governor's seat.

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Kirinyaga GovernorAnne WaiguruCourt of AppealVictory UpheldMartha KaruaSupreme Court