Gatundu North MP was validly elected, appeals court rules
Gatundu North MP Annie Wanjiku Kibe celebrated with her supporters on July 31, 2018 after the Court of Appeal upheld her win in the August 8, 2017 elections, overturning an earlier decision by the High Court. PHOTO | COURTESY
What you need to know:
- The judges faulted the High Court judge who heard the case for conducting an audit of the election materials.
- It was on this basis that Justice Joel Ngugi had nullified Ms Kibe's election.
- On the audit, the appeals court said the High Court judge misapplied the law.
The Court of Appeal has overturned a High Court decision that had nullified the election of Gatundu North MP Annie Wanjiku Kibe.
In the decision delivered Tuesday, three Court of Appeal judges ruled that the anomalies found in the August 8, 2017 election results were administrative errors, which were not substantial to nullify the election.
The judges further faulted the High Court judge who heard the case for conducting an audit of the election materials yet no party had asked for it.
It was on this basis that Justice Joel Ngugi had nullified Ms Kibe's election.
But the appeal judges said that the petitioner, former MP Clement Waibara, had not requested for the audit to be done.
In the court's view, the move was a fishing expedition because Mr Waibara had not specified in which polling stations the results were disputed.
On the audit, the appeals court said the High Court judge misapplied the law.
