The Independent Electoral and Boundaries Commission has gazetted Elizabeth Jebet Kibor as ODM’s candidate to replace Sandra Mario at the Kajiado County Assembly.
In a gazette notice dated April 18, IEBC chairman Wafula Chebukati deleted Mario's name and replaced it with Kibor's.
The Gazette notice ends the court battles that started immediately after the nominations in 2017.
The notice requires Kajiado County Assembly Speaker Johnson Osoi to arrange for Kibor's swearing-in.
Kibor was nominated by ODM and her name forwarded to the IEBC as directed by the election petition court in Kajiado last year.
On Tuesday night, Kibor said justice has been served by her party, IEBC and the petition court.
“I am happy and will not bore blame anyone because I strongly believe in the living God. This is a win for the ODM fraternity in Kajiado and the country at large,” Kibor said.
Two weeks ago, the assembly Deputy Speaker Joseph Masiaya, had said that in the absence of a Gazette notice, Mario will continue serving as ODM’s nominated MCA.
One year after the election petition court in Kajiado annulled Mario's nomination to the assembly, the speaker could not act without direction from ODM and the IEBC.
On Tuesday, Masiaya said the assembly does not act on instruction from lawyers but advice from the IEBC.
Kibor successfully challenged through an election petition the nomination of Mario to the assembly. The High Court in Kajiado revoked and annulled her nomination on June 28 last year.
Mario then went to the Court of Appeal to challenge the judgment.
However, she withdrew the appeal on March 7 this year. Therefore the High Court judgment against her remained unchallenged.
On March 11, Lumumba & Ayieko Advocates, acting for Kibor, wrote to Kajiado Assembly Speaker, giving him notice to declare Mario's seat vacant.
The High Court at Kajiado then ordered ODM to conduct fresh nomination to submit a name for gazettement by the IEBC to join the assembly under special interest representation.
(Edited by V. Graham)