NARC-Kenya Party leader Martha Karua has declared that she will move to the Supreme Court to appeal the dismissal of her case challenging the election of Kirinyaga Governor Anne Waiguru.
Karua made the pronouncement soon after the Appellate Court dismissed her appeal against Waiguru’s election.
“Appeal dismissed with no order as to costs. Am headed to the Supreme Court to exhaust the justice chain,” said Karua via her Twitter account.
She further alluded that Governor Waiguru had prior knowledge of the court ruling.
“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 saying that she would “respect” the court ruling.
“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.
In dismissing Karua’s appeal, the judges ruled that she had failed to prove her case beyond reasonable doubt on claims that there was 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.
In June this year, the the Kerugoya High Court dismissed Karua’s petition challenging the election of Governor Waiguru.
Judge Lucy Gitari threw out Karua’s petition on grounds that it lacked merit and ordered her to pay costs amounting to Ksh.5million.
Ms. Karua then moved to the Appeal Court a week later to challenge the decision.
She vied for the Kirinyaga gubernatorial but lost to Waiguru who garnered 153,353 votes (53,87 per cent).
Karua got 116,626 votes (40.97percent) while the previous Governor Joseph Ndathi garnered 4,496.
