The battle for the leadership of Gatundu North Constituency in Kiambu County has intensified after MP Wanjiku Kibe vowed to fight on despite the high court declaring her seat vacant.
Today, former MP Clement Kung’u Waibara welcomed as delayed justice served to all constituents, a move by the high court to declare the constituency’s parliamentary seat vacant.
Justice Weldon Korir declared the seat vacant and ordered Independent Electoral and Boundaries Commission (IEBC) to conduct fresh elections throwing the constituency in a leadership confusion.
In his ruling, justice Korir argued that Anne Wanjiku Kibe, the incumbent MP violated election laws after she failed to resign as a member of county assembly, a position she held before.
The ruling was a follow up of a petition that Waibara had made at the Court of Appeal and which overturned the decision of the High Court to dismiss a petition challenging election of Kibe.
The petition raised a constitutional question on whether Ms Kibe was qualified to vie for the parliamentary seat since at the time of the polls she had not resigned as a nominated ward representative of Kiambu County Assembly.
A three-judge bench sent the matter back to the High Court for fresh hearing and determination within six months.
According to Article 99 (2) (D), a person stands disqualified if at the date of the election such a person was an MCA.
Reacting after the ruling, jubilant Waibara said his perseverance to seek adherence to the constitution had paid off revealing that he was now ready to battle it out with Kibe when IEBC makes the by-election announcement.
This was the second petition filed by Mr Waibara in his quest to unseat Kibe. The earlier petition that Waibara lost disputed the validity of Ms Kibe’s election and in which he argued was marred with irregularities.
“Everybody must abide by the constitution particularly on matters of qualification. Our justice has been served and we now look forward to fresh elections. I will also be contesting the seat to serve the thousands of Gatundu North constituents better,” he said.
Reacting to annulment of her position as a parliamentarian, Kibe said she will continue with the journey of transforming a constituency she said has suffered bad leadership in the past.
“The fight is about the young children looking up to meto fight for them so as to get a better learning environment in our schools, a journey we have already started. For this and many reasons, I have vowed to fight on through God’s grace and guidance,” a section of her Facebook post read in sections and which indicated a possibility of her appealing the high court ruling.
During the 2017 election, Ms Kibe silenced six male candidates after she moved to win the parliamentary seat by garnering 39,447 votes.
Mr Waibara came a distant second only managing 9,390 votes.