Martha Karua ordered to pay Waiguru’s lawyer Sh10 million
The judge found the case "incurable, defective and hopeless."
Kerugoya High Court Justice Lucy Gitari on Wednesday dismissed Mrs Karua’s petition against Governor Waiguru describing it as “hopeless, defective and incurable petition.”
Earlier, Mrs Karua had made a special request to the court to constitute a three-judge bench to hear her petition. Justice Gitari, however, said the court had powers to hear an election petition of that nature and determine it.
"This court has been constituted by the Chief Justice to hear election disputes and one Judge is enough to hear the petition against the respondent," she had said.
The former Lands Cabinet Secretary earlier won the bid to have access to the IEBC serves that were used in the controversial August 8 polls. She was granted read-only access.
“I order that during the read-only access, all the parties should be present as the High Court registrar oversees the process,” Kerugoya High Court judge Lucy Gitari had earlier told a court session.
Lady Justice Gitari had clarified that the read-only access that was granted to Mrs Karua would be done in the presence of all parties, including the Independent Electoral and Boundaries Commission (IEBC) ICT system experts, Mrs Waiguru’s legal team and Mrs Karua’s team, in an exercise that will commence on November 3 to November 10.
In the first ruling of the detailed case facing Mrs Waiguru, lady justice Gitari, however, said that the Kenya Elections Management System (KIEMS) kits used in the elections would not be availed for scrutiny as the devices had been taken back to the commission for reconfiguration.
The KIEMS kits are key firsthand information on the voting patterns, as it was used to identify the people who participated in the polls.
IEBC lost a crucial case at the Supreme Court which annulled the re-election of President Uhuru Kenyatta after the scrutiny of the database used in the exercise found “irregularities and illegalities.”
Mrs Karua went to court to challenge Mrs Waiguru’s victory in the August polls citing massive irregularities and lack of transparency in the exercise.
Hundreds of politicians, especially from the National Super Alliance camp have challenged the victory of their competitors.
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