Karua challenges Ruto’s win at East Africa Court of Justice

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Azimio La Umoja presidential candidate Raila Odinga(center), his running mate Martha Karua and other Azimio politicians during filing of documents for the presidential election dispute. Photo/Sam Alfan

NARC-Kenya leader Martha Karua has challenged the Supreme Court decision to Uphold the victory of President William Ruto at the East Africa Court of Justice.

Karua who was opposition leader Raila Odinga’s running mate wants the EAC to declare that the presidential election and the presidential election result announced were not done in accordance with the provisions of the electoral laws and the principles governing elections, which non-compliance vitiated the declared results.

She also wants the court to declare that the Attorney General’s acts and omissions violated principles of the rule of law, good governance and human and peoples’ rights as enshrined in the EAC Treaty, and other African and international law.

“A declaration that the 2nd Respondent (AG), being the person charged with responsibility for ensuring compliance by the community with the applicable treaty and other standards governing the conduct of elections, failed or neglected to take necessary steps to ensure that the elections aforesaid complied with the EAC Treaty,” Karua seeks.

Karua is further seeking an order directing the AG to conduct prompt, efficient, impartial, transparent, independent and professional investigations into all violations enumerated above, and to bring all those responsible to justice.

Compensation

Further, Karua wants the EAC to issue an order that the attorney General to make full reparations, including paying compensation and damages to her and survivors.

According to Karua, the AG  should issue a public apology to the survivors and their relatives and also to adopt constitutional, legislative, policy, institutional, administrative and other measures to remedy the violations of her rights. 

She claims that she shall adduce evidence and arguments at the trial to prove that president William Ruto was declared by the Independent Electoral and Boundaries Commission (IEBC) of Kenya on 15/08/2022, and affirmed by the Supreme Court of Kenya on 05/08/2022, as having been duly elected as President was announced and affirmed in clear violation of the applicable laws.

The politician accuses the IEBC of failing to conduct the elections or to announce the results. 

She also accuses Supreme Court of Kenya failed to properly adjudicate the resultant disputes, in accordance with the Constitution and laws of Kenya, as well as applicable EAC law, AU treaty law, international law and the principles governing elections and electoral dispute resolution, which non-compliance completely vitiated the announcement and the election.

In her statement of filing, Karua adds that the Supreme Court undermined the rule of law by violating the right to a fair trial. 

“It did not allow for a proper scrutiny of the election technology, and, where it did, it surrendered its conduct to one of the parties, i.e. the IEBC and declined to hear the petitioners’ findings,” she adds. 

Karua also wants the court to issue a permanent order restraining the Uganda Peoples’ Defence Forces (UPDF), Special Forces Command (SFC) and the intelligence services from involving themselves or interfering with civilian policing, or with electoral processes in future.