Anne Waiguru suffers setback as supreme Court declines to stop the High Court from hearing petition challenging her election

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BY KORIR JUMA,NAIROBI,28TH MARCH 2018-Kirinyaga governor Anne Waiguru has suffered a major blow after the Supreme Court  declined to stop the High Court from hearing afresh Martha Karua’s case challenging her election win.

In the decision read by Chief Justice David Maraga, the court  on Wednesday ruled that it cannot stop the proceedings at Kerugoya High Court since presiding judge Lucy Gitari is due to rule on an application challenging her jurisdiction to hear the case.

Governor  Waiguru had applied for the stay of execution of Appeal Court order directing Justice Gitari to hear and determine the matter anew.

The top court further ruled that it would be unprocedural for it to interfere with the case, in which Ms Karua wants Ms Waiguru’s win annulled.

Judge Maraga, Njoki Ndung’u, Mohamed Ibrahim, Jackton Ojwang’ and Smokin Wanjala also disagreed with Ms Waiguru’s argument that the High Court has no jurisdiction to hear Ms Karua’s case.

The governor had argued that the six-month time line set in the Constitution for hearing election cases had lapsed.

However the  judges of the highest court in the land said that issue is core to the ruling set to be delivered by Judge Gitari on April 6.

 

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