Kirinyaga Senator Charles Kibiru has lost his bid to stop court petitions to throw out his case which seek to have him recalled and his seat declared vacant for engaging in Jubilee Party’s affairs despite being an independent lawmaker.
Kibiru wanted the petitions proclaimed blundering on grounds that it was filed in a court without jurisdiction to determine voters’ issues. He presented that the case should have been heard and ruled by the Elections Court under the Elections Act ,2011 ,but not the Constitutional Court.
The petitions had been proffered by 31 petitioners who presented an argument citing that ,having been elected as an Independent candidate , Kibiru was not supposed to participate in the affairs of any political parties.
According to the petitioners ,Senator Kibiru’s participation in election of jubilee leaders is the same as joining the ruling party, which is in contradiction with Article 103 (1) (e) (ii) of the Constitution ,which states otherwise.
The Constitution states that , the office of a Member of Parliament becomes vacant if ,having been elected to Parliament as an independent candidate, the member joins a political party.
Speaking at the High Court, Justice Lucy Gitari ruled that the case was adamantly filled as the High Court, a Constitutional Court, had jurisdiction to hear the petitions seeking to declare his seat vacant.
According to Judge Gitari ,Article 105 (1) (b) of the Constitution gives the Hight Court a special jurisdiction to hear the case , a jurisdiction that can be invoked at any time during the life of Parliament.
Kibiru’s case had been moved to court on May 28th , following claims that Senator Kibiru participated in a Jubilee Party Parliamentary Group meeting at State House on May 11th 2020.