The Supreme Court yesterday gave the High Court a nod to proceed with a petition in which Narc-Kenya leader Martha Karua is challenging Kirinyaga Governor Anne Waiguru’s election.
A five-member Bench, chaired by Chief Justice David Maraga, said it would be premature to delve into contentious issues in the petition which was still pending adjudication before the High Court in Kerugoya.
Maraga, sitting with Justices Ibrahim Mohamed, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u dismissed an application by Waiguru and her deputy Peter Ndambiri seeking to suspend the hearing of the petition afresh. Through lawyer Paul Nyamodi, the governor and her deputy had argued that the High Court has no jurisdiction to hear Karua’s case.
They said the matter was before Justice Lucy Gitari, who Karua had already applied for disqualification from handling the case.
The Supreme Court judges said Justice Gitari is competent to determine the issue. Karua, who was allowed by the Court of Appeal on March 2 to prosecute her petition afresh, appeared in court in person.
She wants Waiguru’s win nullified on grounds that the August 8 General Election was not free and fair on the basis that the Supreme Court had nullified presidential election.