Martha Karua has lost a petition challenging the election of Kirinyaga Governor Anne Waiguru in the August 8 General Election.
The High Court in Kerugoya on Wednesday (15/11/17) dismissed Karua’s petition terming it as fatally defective, hopeless and incurable after finding that Karua failed to comply with Election (Parliamentary and County) Petition Rules 2017.
“Allowing the petition with omissions of mandatory information is violating the respondent’s rights to fair trial. The respondent should not be allowed to wander in a tiring journey without details of what is in dispute.
“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.
The former Gichugu Member of Parliament (MP) was challenging the election of Governor Waiguru on a technicality.
It was a double blow for her as the court slapped her with a Sh10 million bill as the cost of the suit.
In September 5, 2017 Karua wanted the petition certified as urgent and orders issued to compel IEBC to provide electronic information of the gubernatorial polls.
Her lawyer Gitobu Imanyara said the Supreme Court had set a precedent when it ruled that the August 8 presidential polls were marked with irregularities and cancelled President Uhuru Kenyatta’s re-election.
“This was one and the same election and we want the lower court to abide by the ruling of the Supreme Court and nullify the election of Ms Waiguru,” said Mr Imanyara.
She had sued IEBC and the County Returning officer Mr Seki Lempaka.
Governor Waiguru was listed as the third respondent.
Karua had also sought to have Waiguru declared unfit to hold the gubernatorial position or any other elective post for allegedly committing electoral offences.
In her affidavit, Karua stated that the polls were not credible, free and fair since there was cheating and intimidation of voters.
She said there were incidences of voter bribery and that her agents were locked out of polling stations.
Waiguru garnered 161,373 votes while Ms Karua was second with 122,091.