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The East African Court of Justice has ordered the government of Kenya to pay Narc-Kenya party leader Martha Karua Sh2.8 million in damages.
The court found that through the Supreme Court, the State had refused Ms Karua her right to fair hearing in a matter where she challenged the election of Kirinyaga Governor Ann Waiguru.
Principal Judge Monica Mugenyi, justices Charles Nyawello and Charles Nyachae ruled that it was wrong for the court to dismiss Karua's petition on a technicality.
The three-judge bench further determined that the High Court also stood in the way of justice having taken six months to determine the suit.
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"We have noted that the High Court determined the petition after the lapse of six months from the date of filing. That was an affront to the Constitution and the enabling electoral laws.
"Sitting as such, the Supreme Court would be the judicial organ mandated to provide a just and equitable solution to the identified procedural debacle, where no time is allotted to the hearing of matters on remission," the court ruled.
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