Not Over Yet! Martha Karua Heads to the Supreme Court to Appeal Waiguru’s Election

NARC-Kenya Party leader Martha Karua has declared her intention to “exhaust the justice chain” at the Supreme Court following the dismissal of her case challenging the election of Kirinyaga Governor Anne Waiguru.

Karua made the declaration soon after the Court of Appeal dismissed her appeal against Waiguru’s election on Thursday.

In its ruling, the Appellate Court in Nairobi said it is not persuaded that the High court was biased in rejecting the application for recusal. In June this year, the Kerugoya High Court threw out Karua’s petition on grounds that it lacked merit and ordered her to pay costs amounting to Sh5 million.

Karua then moved to the Appellate Court, where the judges ruled that she had failed to prove her case beyond reasonable doubt on claims that there was voter bribery in the gubernatorial election last year.

“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,” the ruling read by Justice Gatembu Kairu said.

Later, Martha Karua took to her Twitter handle to make the pronouncement and also alluded that Governor Waiguru had prior knowledge of the court ruling.

“Appeal dismissed with no order as to costs.  Am headed to the Supreme Court to exhaust the justice chain.”

“For a respondent who never came to court during hearing, but comes to court for judgment complete with a battery of media in tow and a celebration party, leaves one wondering whether she was aware of the outcome,” said Karua.

Before the ruling was delivered, Karua had taken to social to say that she would “respect” the outcome.

“In court awaiting judgment on my Election Petition appeal. Whatever the outcome I will respect it and if need be exercise available legal options in the justice chain!” She said.

Outside the court, Governor Waiguru maintained she never stole anyone’s vote and said she is hopeful that the Supreme Court will rule in her favour.

“We are very happy because we know we won the election. We hope she doesn’t go to the Supreme Court, but if she does it is her constitutional right,” she said.

In the contested election, governor Ann Waiguru garnered 153,353 votes (53,87 percent) while Karua got 116,626 votes (40.97 percent).