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KARUA FILES CASE TO NULLIFY THE ENTIRE AUGUST 8 ELECTIONS

#1
Narc-Kenya leader Martha Karua has moved to court seeking orders to nullify the entire election conducted on August 8.

The former Gichugu MP said the election of governors, senators, woman representatives, MPs and MCAs countrywide should be declared null and void and invalid.

In her application filed at Kerugoya High Court Karua said the presidential election was carried out simultaneously with the other elective posts.

She said there is no way you could separate the presidential election for nullification and leave the others.

Karua said all lower courts are bound by the decision of the Supreme Court on issues of law relating to irregularities that happened.

Through her lawyer Gitobu Imanyara, Karua asked the court to refer the matter to Chief Justice David Maraga to constitute a three-judge bench to hear her application.

Imanyara told justice Lucy Gitari that the Supreme Court finding on that issue of law ought to apply to all other results.

Karua said Article 165 ( 4 ) of the Constitution is clear that an issue which raises substantial question of law requires a three-judge bench court to determine the issue.

“There is a substantial question, which should be interrogated by three bench judges,” she said.

According to Karua, since the Supreme Court nullified President Uhuru Kenyatta election, it’s not open to the lower court to depart from that decision which as matter of law and as matter of fact that there was such irregularity in the presidential election as to require its invalidity and nullification.

She observed that it is the same body which was conducting the elections, same time, same place under the same law.

Karua said that there is no need to hear the main application she filed in court since the Supreme Court findings are bidding to all other seats.

The judge satisfied the matter as urgent and directed the applicant (Martha Karua) to serve IEBC, Kirinyaga Governor Anne Waiguru and Samuel Seki, the county returning officer.

The application will be heard inter parties on September 18 at the Kerugoya High Court.
 

fishmonger

Village Elder
#8
Baba Abby alisema, judges live in Kenya. they should understand the prevailing situation and not just look at the laws blindly. Karua has a valid point but cancelling the entire elections will cost the country billions in costs, months in time, and energy.
if they uphold her petition, ata mimi nitatusi the judges kama wale wengine.
 

AMB_Sunday

Village Elder
#9
Narc-Kenya leader Martha Karua has moved to court seeking orders to nullify the entire election conducted on August 8.

The former Gichugu MP said the election of governors, senators, woman representatives, MPs and MCAs countrywide should be declared null and void and invalid.

In her application filed at Kerugoya High Court Karua said the presidential election was carried out simultaneously with the other elective posts.

She said there is no way you could separate the presidential election for nullification and leave the others.

Karua said all lower courts are bound by the decision of the Supreme Court on issues of law relating to irregularities that happened.

Through her lawyer Gitobu Imanyara, Karua asked the court to refer the matter to Chief Justice David Maraga to constitute a three-judge bench to hear her application.

Imanyara told justice Lucy Gitari that the Supreme Court finding on that issue of law ought to apply to all other results.

Karua said Article 165 ( 4 ) of the Constitution is clear that an issue which raises substantial question of law requires a three-judge bench court to determine the issue.

“There is a substantial question, which should be interrogated by three bench judges,” she said.

According to Karua, since the Supreme Court nullified President Uhuru Kenyatta election, it’s not open to the lower court to depart from that decision which as matter of law and as matter of fact that there was such irregularity in the presidential election as to require its invalidity and nullification.

She observed that it is the same body which was conducting the elections, same time, same place under the same law.

Karua said that there is no need to hear the main application she filed in court since the Supreme Court findings are bidding to all other seats.

The judge satisfied the matter as urgent and directed the applicant (Martha Karua) to serve IEBC, Kirinyaga Governor Anne Waiguru and Samuel Seki, the county returning officer.

The application will be heard inter parties on September 18 at the Kerugoya High Court.
Jeez.. tough cookie she is.
 
0

0%_Omera

Guest
#13
Martha Karua ought to pinpoint, Irregularities and Illegalities, in her county. Hio ingine ni yake.
 

1776

Village Sponsor
#17
Baba Abby alisema, judges live in Kenya. they should understand the prevailing situation and not just look at the laws blindly. Karua has a valid point but cancelling the entire elections will cost the country billions in costs, months in time, and energy.
if they uphold her petition, ata mimi nitatusi the judges kama wale wengine.
That is akin to judges playing politics instead of upholding the law. The law is the law is the law. The spirit and the letter should be followed.
If we listen to BABA Abby then everything done will be for convenience and not for posterity.
#rwnbp
 
#19
Logically speaking, she has a point. Since supreme court rulings set a precedent, it is possible for the recent, stupid nullification of the presidential election to be used as a basis for nullifying the entire thing, ama?
I don't know what was going through our learned fools' heads when they were coming up with such a nonsensical ruling. This ogre in particular:
 
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