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Martha Karua petition against Waiguru to be heard afresh.

Martha Karua has gotten a reprieve after the court of Appeal allowed her to re-institute a petition challenging Kirinyaga governor Ann Waiguru's victory.

The court set aside a decision by a Kerugoya High Court dismissing her petition.

In the ruling, three Appeal judges Justice Mohammed Warsame, Daniel Musinga and William Ouko said Karua was not accorded justice when her petition was dismissed without hearing.

The Judges were of the view that the court reached a harsh conclusion by striking out the petition.

During the high court ruling in November 2017, Karua was ordered to pay Sh10 million as costs.

This amount has now been set aside until the determination of her case.

Through lawyer Gitobu Imanyara, Karua said the August 8 election was not free and fair.

She cited the Supreme Court ruling that nullified the election of President Uhuru Kenyatta for a second term.

But the High Court dismissed the petition saying the case is "hopeless, defective and incurable".

Justice Lucy Gitari said the petition did not adhere to election petition rules and the Elections Act.

She told Karua that this amounted to incompetence and abuse of the court process.

Gitari noted election petition rule 8(1) is clear on the manner of filing so the failure by Karua's team to file an affidavit supporting lack of requirements made the petition "fatally incompetent".

Governor Waiguru has indicated she will move to the Supreme Court to challenge the decision.

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Publication:The Star (Nairobi, Kenya)
Date:Mar 2, 2018
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