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.