Martha Karua [photo: Kenyans.co]
Dec, 1st 2020 – Narc-Kenya Party leader Martha Karua has been awarded sh2.7 million for violation of her rights, at a regional court.
Karua took the battle to the East Africa Court of Justice(EACJ) after her case was dismissed by the Supreme Court after losing an election petition against Kirinyaga Governor Anne Waiguru.
A three judge bench at the EACJ First Instance Division awarded Ms. Karua the damages for breaching of her right to a fair hearing and trial by the government through the Supreme Court during the hearing of her petition against Waiguru.
In their ruling, Justice Monica Mugenyi, Charles Nyawello and Charles Nyachae declared that the state violated her right to access justice.
Mugenyi said, “The Kenyan Government, through acts and/or omissions of its judicial organ, violated its commitments to the fundamental and operational principles of the EAC, specifically the principle of rule of law guaranteed under the EAC Treaty.”
Ms. Karua, before the EACJ claimed that she had filed a video evidence with the High Court of Kenya at Kerugoya, which was either stolen or lost in the Court’s custody, but the court still went ahead to determine the election petition without investigating the issue.
In her application, Ms Karua alleged that the High Court , the Supreme Court and the Court of Appeal ‘failed to uphold the rule of law in knowingly dispensing injustice to the applicant while acknowledging that she was not at fault.’
In the suit papers filed by her lawyer Gitobu Imanyara, she said, “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.“
In her application, she asked the regional court to rule that the government violated her rights and award her damages, among other reliefs sought.
Justice Mungenyi said, “Consequently, with utmost respect, we find that the impugned Supreme Court decision did fall short on the said judicial organ’s constitutional duty and curtailed Ms Karua’s right to access justice. It thus contravened the rule of law principle enshrined in EAC Treaty.”
The compensation that she was awaqrded will attract an interest of 6 percent from the date of judgement until full payment.