Court of Appeal Judge Gatembu Kairu stated that there was no prejudice against Karua from the the Independent Electoral and Boundaries Commission’s (IEBC) failure to produce the Kiem Kit.
“There was no prejudice suffered by the appellant in failure by Independent Electoral and Boundaries Commission (IEBC) to produce the Kenya Integrated Election Management System (KIMS) kit,” said the judge.
The judge said tat Martha Karua did not prove her case beyond reasonable doubt.
The Court of Appeal however found that the High Court erred in law by limiting Karua from using forms that were in possession of IEBC.
Read: Court Of Appeal Upholds Babu Owino’s Election As Embakasi East MP
In the contested election, the current governor Ann Waiguru garnered 153,353 votes (53,87 per cent) while Karua got 116,626 votes (40.97 percent). The immediate former Governor Joseph Ndathi garnered 4,496 votes.
The High Court in Kerugoya dismissed Karua’s case on November 15, 2017 terming it as ‘hopeless, defective and incurable’ prompting Karua to move to the Court of Appeal.
The lawyer will now move to the highest court in the land to appeal the decision of the Court of Appeal.
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