East African Court of Justice, 28th February 2022: Appellate Division as it concludes its session has dismissed Appeal No. 4 of 2021 The Attorney General of Kenya vs Martha Wangari Karua & Others. The Court in its judgment Court ruled that the Appellant failed to prove the merit of all the grounds of Appeal hence dismissed with costs.
The Appeal was challenging the decision of the First Instance Division that declared the acts of the Judicial organ of Kenya (Supreme Court) violated the Provisions of the EAC Treaty under Art 6(d) on fundamental principles of the Community.
The First Instance Division (Trial Court) declared that the government of Kenya infringed on the Applicant’s rights to access to justice. The Trial Court awarded compensation in general damages the sum of USD 25, 000 USD with a simple interest at 6%per annum until payment in full.
The Appellate Division upheld the Trial Court’s decision. Added that, the impugned decision of the Supreme Court of Kenya in petition No. 3 of 2019, failed to uphold the rule of law knowing that she the Applicant was not at a fault.
The Supreme Court of Kenya in its ruling dismissed the election petition Appeal on the ground that Court lacked Jurisdiction because 6 months had elapsed of handling election petition.
In August 2017 Martha Karua (Respondent in the Appeal) participated in the General Elections as a gubernatorial candidate for Kirinyaga County. Having been dissatisfied with the conduct of the said elections, she disputed the results and petitioned in the National Courts upto the Supreme Court where she was denied right access to Justice and fair trial.
The judgment was delivered by Honourable Justices of the Appellate Division: Nestor Kayobera (President), Geoffrey Kiryabwire (Vice President), Lady Justice,Sauda Mjasiri, Anita Mugeni and Justice Kathurima M’Inoti.