KIRINYAGA, Kenya, Mar 2 – The Apellate Court has found the petition filed by Martha Karua contesting the election of Anne Waiguru as Kirinyaga governor, to have raised sufficiently substantive enough grounds, to warrant reconsideration.
The Appellate judges Judges Mohamed Warsame, Daniel Musinga and William Ouko set aside the High Court ruling striking out her petition after Karua and her lawyers convinced them that the lower court had erred in dismissing the petition without first hearing it.
In their ruling, the judges faulted Lady Justice Lucy Gitari of Kerugoya High Court for summarily throwing Karua’s petition out before contemplating the issues raised.
The Appeals court has also set aside the cost of the High Court suit slapped on Karua, saying it is too high and has awarded her Sh2 million as the cost of the appeal.
It is the first High Court decision to be set aside from petitions filed arising from the August 8 2017 elections.
It effectively means that the petition, in which Karua wants Waiguru’s election annulled, goes back to the High Court for hearing.
In her petition, Karua argues that Waiguru was not validly elected.