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Sunday, May 28, 2017

High court overturns Muhia's Nyandarua Jubilee woman rep ticket win

Nyandarua women rep Wanjiku Muhia during a past interview. /FILE
Nyandarua women rep Wanjiku Muhia during a past interview. /FILE

The High court has overturned the declaration of Wanjiku Muhia as the Jubilee Party nominee for Nyandarua woman representative.

Justice Stella Mutuku on Friday ruled that the Kyalo Mbobu-led tribunal erred in law when it ordered the party to issue Wanjiku the certificate.

The judge declared Faith Wairimu Gitau as the duly nominated candidate who will fly the Jubilee flag during the August 8 polls.

Wairimu was given the certificate after the primaries but her win was later nullified by the tribunal.

According to Justice Mutuku, the tribunal breached the Constitution and the Political Parties Act in deciding to nullify her win.

Wairimu had moved to the High court to challenge the order of the tribunal saying she had won fairly.

She urged the court to reverse the tribunal's directive saying she won fairly by 29,589 votes against the incumbent's 7,946.

Wanjiku, in her claim before the tribunal, had alleged that the nominations were not free and fair.

"The process was marred by irregularities," she said adding that polls went on even after some centres ran out of ballot papers.

In its decision, the tribunal had noted that no one should be allowed to benefit from an illegality.

"The interest of justice demands that Nyandarua people should not be subjected to another nomination," Mbobu said in his ruling.

One person was shot dead and another injured during protests in Nyandarua town on Saturday, May 13.

The residents were protesting the issuance of certificate to Wanjiku.

Read: One dead, another injured during Nyandarua protests


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