Kenyan governor asks to be part of case at EACJ

Saturday January 25 2020

Kirinyaga County governor Anne Waiguru at the Supreme Court of Kenya in December 2018 for the ruling of an election petition filed by Narc Kenya party leader Martha Karua. The case will now be heard by the East African Court of Justice. FILE PHOTO | NMG


Kenya’s governor for Kirinyaga County Anne Waiguru has made an application to be enjoined as an interested party in an ongoing lawsuit at the East African Court of Justice (EACJ).

In the case, Narc Kenya party leader Martha Karua has sued the Kenyan government, accusing it of having “failed to uphold the rule of law in knowingly dispensing injustice while acknowledging that she was not at fault.”

Ms Karua went to the EACJ after failing in her petition to have the 2017 election victory of Governor Waiguru nullified at Kenya’s Supreme Court.

She first lodged her application with the EACJ on November 4, 2019, and Ms Waiguru was not listed in the matter.

Ms Waiguru argues in her affidavit that the outcome of Ms Karua’s case is likely to affect her.

“Governor Waiguru and deputy Peter Ndambiri were substantive parties and actively participated in the proceedings of the judicial organs of the Republic of Kenya that led to the challenged decision by Ms Karua. It is fair that they are enjoined in the reference for this honourable court to have the benefit of hearing all the parties to the impugned decision so as to reach a correct and just determination,” said Ms Waiguru in an application before the EACJ.


“The outcome will be prejudicial to the governor if arrived at without their involvement.”

Listed for hearing

In a notice signed by EACJ Registrar Yufnalis Okubo, the court has summoned the parties.

“Take notice that the above application has been listed for hearing on Thursday the 30th day of January, 2020 in open court in Arusha,” reads the notice. “You are required to appear before this court without fail.”

Ms Karua and Kenya’s Attorney General Kihara Kariuki have been listed as respondents.

The hearing will be before a three-judge bench with lawyer Paul Nyamodi representing Ms Waiguru in the matter.

“Basically she (Ms Waiguru) has applied to be enjoined in the case next week so that she can oppose the matter,” said Gitobu Imanyara, who is acting for Ms Karua.

Ms Karua, in her application, alleges that despite presenting her case to the High Court, the Court of Appeal and later the Supreme Court, they did not dispense justice.

“This monumental failure by the judicial arm of the respondent state breached the EAC Treaty...which obligates partner states to uphold good governance, democracy, the rule of law, human and people’s rights,” she says in the suit papers filed by her lawyer.

In her application, Ms Karua asked the regional court to rule that the government infringed on her rights and award her damages, among other reliefs.