By Mourice Seretta
Gatundu North Member of Parliament Anne Wanjiku Kibe has filed a notice of appeal challenging the judgement that declared her Gatundu North MP seat vacant.
In the notice filed today Kibe has expressed dissatisfaction with the ruling from Justice Weldon Koriri delivered on October 7, 2020 which said that her election was in violation of the law.
Justice Korir ruled that her election was illegal because she was still an MCA when she was gazetted by IEBC to run for the Gatundu North Parliamentary seat.
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.
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.
The judge directed the deputy registrar to immediately and without delay, transmit his decision to the Speaker of the National Assembly for action.
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.