Judge declines to recuse herself from a petition by former Senator Dickson Karaba

File Photo:Former Kirinyaga Senator Dickson Karaba

High Court has dismissed an application by former Kirinyanga senator Dickson Karaba to have the judge handling the petition disqualify herself over biases.

While delivering the ruling, Justice Abigail Mshila ruled that the application lacked merit since the proceedings were done as per the law.

Karaba had made an application to stay proceedings in the main petition pending the hearing and determination of the application.

The former legislator was seeking orders that the IEBC be compelled to produce the list of registered voters for Kirinyaga County.

The judge also declined to issue an order for review.

Karaba had applied for the review of order of the ruling to cover all polling stations and furnishing of the electronic register but the judge dismissed it saying none of the parties had sought review of it.

He was also seeking to be furnished with register of votes for 689 polling stations.

The petitioner had also sought to be furnished with a hard copy of the register of voters for each polling station but the court upheld the respondents’ objection.

Through lawyer Charles Mwongela, IEBC said Karaba was trying to review an order that had been vacated by the ruling which the judge admitted was erroneous and was corrected.

Mwongela added that the prayer by the former senator was being introduced for the first time and cannot be agitated through review since it amounts to a fresh application for additional materials.

In the petition, Karaba disputes the credibility, integrity and accuracy of the election data and by extension the entire results of the disputed election saying it had anomalies.

Through Lawyer Kibe Mungai, the former Senator emphasized that the process of justice has ups and downs therefore parties can at specific instances request for documents when the trial is concluded and the court can reopen trial.

The petitioner was requesting for gazetted register which IEBC lawyer Mwongela said was freely available in their portal.

He added that through the trial, the petitioner had not complained about the register other that the gazette register used in the general election.

“The court is being called to revisit a matter which it does not have jurisdiction and the only way forward is for the petitioner to appeal at the court of appeal,” IEBC lawyer said.

Karaba moved to court to challenge the election of Senator Charles Kibiru on grounds that election was not free and fair and was not done in accordance with the Election Act.