Governor Anne Waiguru bygone said the Kirinyaga governorship acclamation was chargeless and fair, and apprenticed the Cloister of Address to aish the address lodged by Martha Karua.
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Ms Waiguru argued that the challenge was aloft lath and that the High Cloister was appropriate to aish Ms Karua’s arguments.
Karua, the baton of Narc Kenya party, told Cloister of Address board Roslyne Nambuye, Hannah Okwengu and Gatembu Kairu that the acclamation was bedridden by irregularities and that the High Cloister was arbitrary in not acceptance her petition.
At the centre of the address are forms 37, agents’ attendance in polling stations and how High Cloister adjudicator Lucy Gitari handled the case.
“Having not availed the KIEMS (Kenya Integrated Acclamation Management System) kits in court, this Kirinyaga acclamation was not verifiable. Although the respondents say we did not accuse about the results, my after-effects were biased in two instances. We absolved our accountability to appearance there were doubts on results,” Karua argued.
She added said her affair agents were bound out of the polling stations, a affirmation Waiguru has disputed.
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The governor told the cloister that Karua’s appliance for Justice Gitari to abjure from the case could not authority baptize as it was not accurate by evidence.
“None of the agents who are claimed to accept been barred swore an affirmation to affirmation such. It was the appellant to prove that her agents were barred. We alike volunteered affirmation to appearance that whatever she was alleging was not true,” argued Waiguru.
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Waiguru additionally denied that her agents bribed voters as Karua declared in her appeal.
The Narc Kenya baton told board some assemblage saw money alteration hands.
But Waiguru argued that the claims were based on buzz as no one was produced in cloister to appearance who was bribed or was begin giving bribes.
The Independent Electoral and Boundaries Agency (IEBC) accurate Waiguru’s case and alleged for a adjournment of Karua’s appeal.
Through advocate Paul Nyamodi, IEBC argued that the Cloister of Address had no admiral to revisit absolute claims that Karua had presented.
The agency additionally argued that in the accident the cloister begin it had admiral to scrutinise facts, again it care to acquisition that Karua had biased the aforementioned in her case.
“The appellant has biased all the absolute issues afore the court. Due action complaints cannot be the base of aishment of an acclamation appropriately conducted,” said Mr Nyamodi.
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He additionally argued it would be difficult for the cloister to adjustment a retrial as the six months accustomed to the High Cloister had lapsed.
According to IEBC, Karua’s cyberbanking affirmation could not be acclimated as it did not accede with the regulations.
On forms 37, IEBC submitted that Karua was not arduous the after-effects of the election.
“The appliance for assembly of forms 37 by the appellant was again above the ambit of her case. Her appliance was for scrutiny. The appellant did not appeal empiric assay by the court. This was a fishing expedition,” Nyamodi said.
The cloister additionally heard that Karua’s assemblage on bribery were declared absurd by the High Court. The IEBC additionally said Karua did not band up the agents who she claimed were barred from the polling stations.
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