New Twist in Karua-Waiguru Election Case as Two Judges Recuse

NARC-Kenya leader Martha Karua’s petition challenging election of Anne Waiguru as Kirinyaga Governor has taken a new twist after two Appeals Court judges recused themselves from the case.

Justices Fatuma Sichale and Sankale Kantai said they were uncomfortable to hear the petition citing their close relationship with Karua.

Karua moved to the Appellate Court after the High Court upheld Waiguru’s victory and wants the ruling overturned.

Speaking in Court of Appeal in Nyeri on Tuesday, Justice Sichale said her long friendship with the former Gichugu MP dates back to their days at the Federation of Women Lawyers (Fida).

On the other hand, Judge Kantai said he has known Karua since her time as Justice and Constitutional Affairs Minister, when they became close friends. 

“For the reasons explained to the counsels, two members of the bench have recused themselves from hearing of this appeal. In the circumstances and by consent, it is directed that the appeal be heard in Nairobi by a bench to be constituted by the President of the court,” Judge Ouko said.

The case will be mentioned on July 31st for directions.

This case has become one of the most convoluted election petitions due to controversies surrounding it. 

Karua’s first petition was thrown out by the High Court, which cited lack of merit. The case did not therefore go to full hearing. Karua then moved to the Appeals Court, which directed the case be heard afresh at the High Court. 

Last month, the High Court upheld Waiguru’s victory, but dissatisfied with the ruling, Karua moved to the Appellate Court again seeking to have the lower court’s verdict reversed.