Wanjiku Kibe handed a lifeline in fight for Gatundu North MP seat
Anne Wanjiku has been handed a life after she took her fight for the Gatundu North MP seat to the Court of Appeal.
On Wednesday, a three-judge bench issued an order staying the High Court ruling that declared her seat vacant.
“The applicant has satisfied both limbs of the principles we have discussed and the motion succeeds,” Justices Daniel Musinga, Martha Koome and Sankale Ole Kantai ruled.
The stay temporarily bars the Independent Electoral and Boundaries Commission from conduction a by-election pending hearing and determination of Wanjiku’s case at the Appellate Court.
Kibe, through her lawyer Tom Ojienda, had argued that the Speaker of the National Assembly is bound by time-lines set in law (21 days) to advise the 2nd respondent (IEBC) to hold a by-election within 90 days.
The judges noted that if a by-election is held and the intended appeal succeeds, it would create a situation not in public interest.
“The appeal would be rendered nugatory…Considering the matters in contention which are in the public interest, we direct that the applicant files the record of appeal within 30 days of today and the appeal should thereafter be listed for hearing on priority basis. Costs of the Motion will be in the appeal,” the judges ruled.
Wanjiku’s seat was declared vacant on October 7 after the High Court ruled that her election was in violation of Article 99 (2) (a) and (d) of the Constitution.
However, she filed a notice of appeal at the Court of Appeal on October 9.
Former Gatundu North MP Clement Kungu Waibara is listed as the 1st respondent.
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