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January 16, 2019

Karua loses bid to dethrone Waiguru, slapped with Sh5m cost

Martha Karua and her lawyer Gitobu Imanyara at the High court in Kerugoya on September, 2017. /GEOFFREY KIBISU
Martha Karua and her lawyer Gitobu Imanyara at the High court in Kerugoya on September, 2017. /GEOFFREY KIBISU

Narc Kenya leader Martha Karua on Thursday lost her bid for the nullification of Anne Waiguru's election as Kirinyaga governor.

The High court on Thursday upheld Waiguru's win saying the former Gichugu MP did not prove her case beyond reasonable doubt.

Judge Lucy Gitari said the burden of proof rested with Karua adding that there was no proof her agents were barred from accessing polling stations.

Gitari further said Karua failed to submit a list of her agents to the court as her evidence to prove they are the same who had been deployed for the election.

She said the lack of appointment letters by the party and IEBC accreditation for the team made it hard for the court to determine the true position.

Karua, in her petition, had also raised claims of voter bribery though the judge said election offences attract an arrest without a warrant, hence must be proven.

Gitari further said Karua could not prove that Waiguru's votes were inflated by 38,000 and that none of her witnesses told the court of the same.

Karua moved to the High court in September 5 last year but her petition was thrown out on October 25 on technicalities.

She moved to the Court of Appeal which directed the same court to hear the case to conclusion.

Read: Martha Karua petition against Waiguru to be heard afresh

The former Justice Minister was seeking orders for the court to nullify the election and declare Waiguru as not fit to run for any elective seat.

But the judge further said Karua failed to serve the respondents with evidence she was to use against them hence making it hard for the respondents to respond to the same.

"I therefore find no evidence of cheating, forgery, and intimidation of voters and no evidence of ballot tempering has been adduced in this court," Gitari said.

The judge further said the case before her did not meet the threshold to invalidate Waiguru's win as the duly elected Kirinyaga governor.

"The petitioner has not even made reference to Form 37 A and 37 C in either her affidavits nor the petition before this court," Gitari added.

The IEBC declared Waiguru the winner with 161,343 votes against Karua's 122,026. Former governor Joseph Ndathi garnered 4,633 votes.

Gitari further said the court matters that have not been pleaded in court cannot be determined citing Karua's failure to contest the results.

The judge ordered Karua to pay Sh5 million in costs to the IEBC, Waiguru and her deputy Peter Ndambiri.

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