Court overturns nullification of Gatundu North MP Kibe’s election


Court overturns nullification of Gatundu North MP Kibe's election
Gatundu North MP Wanjiku Kibe (R) during a past appearance.

In Summary

  • The court ruled that the forensic audit report applied in nullifying the election was wrongly used since parties were not involved in it.
  • The court concluded that the High Court Judge applied a strict law of standard in nullifying the said election.
  • Justices Roselyn Nabuye and Agnes Murgo said the election court dwelt on issues that were not pleaded in the petition to nullify the election.

The Court of Appeal has overturned a High Court decision that nullified the election of Gatundu North Member of Parliament Wanjiku Kibe.

The court ruled that the forensic audit report applied in nullifying the election was wrongly used since parties were not involved in it.

The court concluded that the High Court Judge applied a strict law of standard in nullifying the said election.

“Irregularities alleged were insufficient to nullify the said election,” the court ruled.

Justices Roselyn Nabuye and Agnes Murgo said the election court dwelt on issues that were not pleaded in the petition to nullify the election.

They said the judge did not comply with the threshold of section 82 and that the scrutiny was in disregard of the law.

The appellate court ruled that it was wrong for the judge to declare the election null and void on grounds that were not before the court.

It further ruled that the judge misapplied the law, and focused on historical context in nullifying the election.

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Story By Dzuya Walter
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