Wednesday, October 7, 2020 – Makueni Senator, Mutula Kilonzo Jnr, has faulted Justice Weldon Korir’s Wednesday ruling where he declared Gatundu North Parliamentary seat vacant.
In a ruling that surprised the country, Justice Korir said the election by Hon Wanjiku violated the law.
He also ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election in Gatundu North within 90 days.
However, commenting on Twitter after the ruling, Mutula, who is a lawyer by profession, criticised the ruling terming it a 'travesty'.
“This is a travesty. We amended the Election laws to ensure decisions of this nature are made within six months of the elections,” Mutula wrote.
The ruling came after former MP Clement Kungu Waibara, moved to court challenging Wanjiku’s election.
Waibara had filed a constitutional petition claiming that the right to vie for election as an MP is subject to the qualification criteria set out in Article 99 of the Constitution.
Article 99(2) (d) says a person is disqualified from being elected an MP if the person is an MCA.
Wanjiku didn’t resign as an MCA when she vied for the Gatundu North Parliamentary seat.
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