NAIROBI, Kenya, Dec 20 – The Court of Appeal has dismissed Nark Kenya Leader Martha Karua’s appeal to nullify the election of Kirinyaga Governor Anne Waiguru for the second time in a row.
The court ruled that Karua’s appeal did not have merit and ordered each party to bear their own costs.
Justices Gatembu Kairo, Hannah Okwengu and Roselyn Nambuye concurred with election court judge Lucy Gitari that suspicion alone is not good enough evidence must be precise and sufficient.
“We cannot interfere with the decision of the high court because it was upon the petitioner to provide evidence beyond any reasonable doubt,” they ruled Thursday.
The bench wondered why Karua, who had also claimed that her agents were barred from the polling stations, failed to have any of them testify.
“Having found the petition lacking merit we are persuaded to dismiss it,” they ruled.
The Appellate Court had directed the court to hear Karua’s petition afresh last November after finding that she was not given a fair trial.
Justice Gitari upon hearing Karua’s petition dismissed it as “hopelessly defective, incurable and beyond salvage”.
While welcoming the verdict, Waiguru thanked the court for its reasoned finding saying it has only affirmed that she won the hotly contested election.
“We are very, very excited because we know we won the election. Majority of kirinyaga people voted for mini minji,” said ecstatic Waiguru.
Waiguru and her deputy said it is their hope that Karua does not go to the Supreme Court so that Kirinyaga people can be allowed to move on.
“We hope she doesn’t go to Supreme Court, but if she does it is her constitutional right and we respect that,” she added
Waiguru garnered 161,373 votes against Karua’s 122,091 votes in the August 8 2017 polls.
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