• Former MP Waibara had challenged the election of Wanjiku on grounds that she was did not resign from her position as MCA.
• When IEBC cleared her as a candidate for Gatundu North she was still an MCA and was earning her salary.
Image: FILE
Residents of Gatundu North will in three months go back to the ballot to elect a new MP after the High Court declared the seat vacant.
Justice Weldon Korir on Wednesday ruled that MP Wanjiku Kibe was illegally elected because at the time of submitting her nomination papers, she was still a nominated MCA of the Kiambu county assembly.
In the case, former MP Clement Waibara had challenged her election and the Court of Appeal had directed that the matter be heard by a constitutional court.
"I declare and hold that the seat of the Member of the National Assembly for Gatundu North constituency currently held by Wanjiku Kibe, has become vacant by the operation of Article 103 (1)(g) of the Constitution," the court ruled.
In his judgment, Korir noted that evidence shows Wanjiku was still a nominated MCA on June 27, 2017, when her nomination to run for the Gatundu North MP was gazetted by the Independent Electoral and Boundaries Commission.
“It, therefore, follows that at the time of her election on August 8, 2017, she was ineligible for election as Member of Parliament as she was disqualified by Article 99(2)(a)and(d) of the Constitution from contesting,” Korir ruled.
“Her participation in the election and her subsequent election was therefore unconstitutional, null and void.”
The judge directed the deputy registrar to immediately and without delay, transmit his decision to the Speaker of the National Assembly for action.
“As correctly submitted by the petitioner, there is no right to public office and any holder of an elective political office who wants to move from the county government to the national government or vice versa must first relinquish his or her post before his or her nomination papers are accepted by the IEBC,” he ruled.
“That is my understanding of the Constitution and that is my finding”.
Justice Korir agreed with Waibara’s lawyers who had argued that unless an MCA or a state officer resigns before the nomination date, he or she cannot contest for either parliamentary or a presidential seat.
Waibara had argued that that both the Constitution and the election laws bars both the MCAs and governors from seeking nomination for other elective seats until they relinquish their positions.
The former legislator also argued that MPs, the President and the Deputy President cannot also seek for any seat in the counties unless they too have resigned.
The lawyer had argued that the IEBC deliberately failed to discharge its constitutional mandate in verifying the sitting MP’s qualifications, thereby causing a grave violation of the Constitution.
The court further ruled that the IEBC has no power to authorise a person barred by law to vie for the two houses of Parliament.
Edited by A.N