This archive report was first published on 5 October 2019.
Martha Karua, the leader of the Narc-Kenya Party, has filed a lawsuit at the East African Court of Justice (EACJ) against the Government of Kenya, accusing it of violating her right to access justice.
The lawsuit stems from her failed bid to overturn the election of Anne Waiguru as Kirinyaga governor in 2017, which Karua alleges was marred by electoral misconduct.
According to the lawsuit, Karua presented her case to the High Court, the Court of Appeal, and the Supreme Court, but was denied justice despite being found not at fault.
"This monumental failure by the judicial arm of the respondent State (Kenya) breached the EAC Treaty, and in particular Articles 6(d) and 7(2), which obligate partner states to uphold good governance, democracy, the rule of law, human and people's rights," Karua says in the suit papers filed by her lawyer Gitobu Imanyara.
Karua is seeking damages and other reliefs, including a ruling that the government infringed on her rights.
The lawsuit marks the latest chapter in Karua's long-running dispute with the Judiciary, which began after the 2017 General Election.
On September 5, 2017, Karua had petitioned the election of Waiguru at the Kirinyaga High Court, alleging impropriety by Independent Electoral and Boundaries Commission (IEBC) officers and Waiguru's agents.
However, Justice Lucy Gitari dismissed the petition as "hopeless, defective and incurable".
Karua then sought redress at the Court of Appeal, but was denied relief on grounds that the statutory six-month period for filing the petition had elapsed.
Undeterred, Karua took her case to the Supreme Court, which threw out her appeal on August 6, 2019, citing lack of jurisdiction.
