Kenya’s Gatundu North Constituency MP Appeals Court’s Decision to Declare Her Seat Vacant

Kenya’s Gatundu North Constituency MP Appeals Court’s Decision to Declare Her Seat Vacant

Gatundu North Member of Parliament Anne Wanjiku Kibe has filed an appeal challenging the judgement that declared her seat vacant.
Wanjiku in her notice of appeal expressed dissatisfaction with Justice Weldon Korir ruling on October 7, 2020.

Justice Korir in his ruling noted that Wanjiku’s election was in violation of the law considering that he was still a Member of County Assembly of Kiambu.
Korir directed the Deputy Registrar to forward the ruling to the Speaker of the National Assembly Justin Muturi for appropriate action.

He also ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election within 90 days.
The Court of Appeal had on January this year ordered a fresh hearing of the petition challenging the Wanjuku’s qualifications that saw her contest for the Gatundu North Parliamentary seat in 2017.

The Appellate judges argued that the Constitutional and Human Rights Division of the High Court was to only handle the interpretation of the Constitution in the petition and not validity of the MP’s election.

“It, therefore, follows that the question whether a seat has become vacant falls squarely within the mandate of the High Court and this question with respect to the MP of Gatundu North Constituency is yet to be determined by a competent court,” the Appellate judges ruled.

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