High Court Judge Weldon Korir, on the 7th of October 2020 declared the Gatundu North parliamentary seat vacant, citing irregularities and illegalities in the 8th 2017 general elections and malpractice in the victory of Anne Wanjiru Kibe.
Judge Weldon Korir also directed the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh elections in the constituency in congruity of all election laws.
This comes after the former Gatundu North MP Clement Kung’u Waibara had filled a petition in the Kiambu High Court in September 2017 on grounds that Anne Wanjiru Kibe was not qualified to vie for the parliamentary seat at that time. Clement Waibara also accused the IEBC of failing to liberate its directives to ensure Anne Kibe was fitly qualified for the MPs seat under the constitution.
In the petition, Clement Waibara claimed that Anne Kibe had not resigned as a nominated Member of County Assembly (MCA) of Kiambu County at the time under the National Alliance Party (NAP) when she was nominated as an MP under the Jubilee Party.
Article 99 (2) (d) of the constitution hurdles one from being elected as a member of parliament if one is an MCA. Anne Kibe was still holding office as an MCA. The constitution states that for an MCA to vie as an MP, one has to resign from office before date of their application for nomination by political parties.
In March 2018, Judge Joel Ngungi nullified the elections citing election malpractices .Anne Kibe then moved to the Court of Appeal to challenge the High Court’s ruling .A 3 judge bench consisting of Jamilla Mohammed ,Martha Koome and Asike Makhandia ruled in her favor and Anne Kibe got to keep her parliamentary seat.
In the 7th October 2020 ruling, Judge Korir said Anne Kibe was elected contrary to the law, citing Article 194 (11)of the constitution,” resignation of an MCA must be in writing and should be addressed to the speaker of the relevant County Assembly”
