Karua lost the petition and was slapped with a Sh10 million fine.
The petitioner asked Chief Justice David Maraga to constitute a fresh election court, with new set of lawyers to hear her petition against election of Kirinyaga governor Anne Waiguru, which she appealed after the High Court ruled in favour of the latter.
Through her lawyer Gitobu Imanyara, Ms Karua accused the Kerugoya High Court Judge Lucy Gitari of bias in her November 15, 2017 ruling, in which she dismissed the petition terming it “hopeless, defective and incurable”.
“Justice will not be seen to have been done in the light of the strong and disparaging comments judge Gitari made in relation to the petitioner. In the light of Court of Appeal judgment, a fair hearing cannot take place before judge Gitari,” said lawyer Imanyara in court papers.
The former Minister of Justice implored that Justice Gitari should disqualify herself from hearing the petition again or even participating in its proceedings.
Mr Imanyara indicated that the judge used intemperate language in her conduct and the ruling and that she was biased in the case and was applying double standards.
“It is for the interest of justice that judge Gitari recuse herself from the case. She ignored the petitioner’s pleadings which were appreciated by the Court of Appeal,” Mr Imanyara added.
He also argued that the judge refused to accurately record Ms Karua’s submissions while she fully recorded those of the lawyers representing Governor Waiguru and IEBC.
“The record captures the court and the Respondents’ responding to points raised by Ms Karua but which are not recorded,” stated Mr Imanyara.
Ms Karua, in her affidavit dated March 9, 2018, said judge Gitari should not hear the petition again after she dismissed it on November 15, 2017 and ordered her to pay a legal fee of Sh10 million which the Court of Appeal found to be excessively high and punitive.
“Judge Gitari disparaged the petition by repeatedly terming it hopeless defective, dead pleading and beyond salvage. The judge expressed view that my petition was taking the Respondents on a tiring, aimless journey,” Ms Karua noted.
In response, Governor Waiguri through lawyer Paul Nyamondi opposed Ms Karua’s application saying it does not disclose enough grounds to have the judge disqualify herself from hearing the petition again.
“The issues raised were considered and determined by the Court of Appeal. The application is tantamount to an appeal from the judgment of the Appellate Court,” said the lawyer.
Justice Gitari will hear the application on March 16, 2018.