The Supreme Court has dismissed all election cases filed by Narc Kenya party leader Martha Karua against Governor Anne Waiguru.
The five bench judge led by Justices Philomena Mwilu, Mohammed Ibrahim, Njoki Ndungu, Smoking Wanjala and Isaac Lenaola determined that all election matters were concluded in the Supreme Court judgement of August 6, 2019.
The court also ruled that each party will bear its own costs incurred in hearing cases before the Supreme Court and the Court of Appeal.
Waiguru who was the appellant in the matter had moved to the Supreme Court to challenge a Court of Appeal’s decision to remit Karua’s election petition to the High Court for hearing on merit even after it had been dismissed.
Kerugoya High court Judge Lucy Gitari had earlier dismissed Karua’s petition on grounds that it lacked merit.
The five bench judges found that the issues were fully determined in the same Court’s ruling delivered on March 2, 2018, which advised parties to follow the normal appellate mechanism in addressing their grievances.
Waiguru had argued that the High Court had no jurisdiction to hear and determine Karua’s election petition after the lapse of the six months prescribed by Article 87(1) of the Constitution and Section 75(2) of the Elections Act.
“A declaration be and is hereby issued that the issues raised in Petition No. 5 of 2018: Hon. Anne Mumbi Waiguru and another vs. Hon. Martha Wangari Karua and two others were fully determined by this Honourable Court in its judgment delivered on 6th August 2019 in Petition No. 3 of 2019: Hon. Martha Wangari Karua vs. Independent Electoral and Boundaries Commission and three others,” the five judges said.
Karua accused the Supreme Court of denying her justice.