Ms Mary Wambui (centre) has Monday retained her seat as Othaya MP after
the Supreme Court set aside a decision of the Court of Appeal that had
earlier nullified her election. PHOTO/FILE.
Mary Wambui has retained her seat as the
Othaya MP after the Supreme Court set aside a decision of the Court of
Appeal that had earlier nullified her election.
All the
seven judges of the Supreme Court unanimously agreed that the petition
challenging Ms Wambui’s election was marred by technicalities and should
not have been entertained by the High Court in the first instance as it
was filed out of time.
“In the circumstances, Ms
Wambui’s contentions are allowed and the Court of Appeal’s decision
which nullified her election is declared null and void,” said Chief
Justice Willy Mutunga on behalf of the bench.
The
judges restored the declaration by the Independent Electoral and
Boundaries Commission (IEBC) on March 4, 2013 which gave Ms Wambui the
victory for the Othaya parliamentary seat.
Ms Wambui’s
election was challenged by Peter Gichuki King'ara who claimed that the
election was marred by irregularities and electoral malpractices.
The initial petition at the High Court was dismissed but Mr King’ara appealed the decision at the Court of Appeal.
Judges
Alnashir Visram, Martha Koome and Otieno Odek of he Court of Appeal
gave him a second chance to square it out with Ms Wambui at the ballot
by declaring that the elections were not free and fair.
Ms
Wambui then moved to the Supreme Court in a bid to retain her seat
claiming that the Appellate Court exceeded its powers in nullifying her
victory
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