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Ex- Gatundu North MP in appeal to Supreme Court

By Faith Karanja | Published Tue, August 21st 2018 at 00:00, Updated August 20th 2018 at 22:42 GMT +3
Former Gatundu North MP Clement Kungu Waibara (right) and a lawyer during a past hearing of the petition in 2017. [File, Standard]

Former Gatundu North MP Clement Kungu Waibara has gone to the Supreme Court to appeal against a Court of Appeal decision that upheld the election of Annie Wanjiku.

Ms Wanjiku successfully petitioned the Court of Appeal to overturn an order of the High Court that nullified her election.

But Mr Waibara argued that the judges erred in law by making a determination of issues not pleaded.

He also argued that the court expanded the scope of the petition, thus condemning him on matters he did not have an opportunity to respond to.

“The judges erred in law by disregarding the scrutiny report prepared by the Deputy Registrar (SK Arome DR) on November 23, 2017,” said Waibara.

Declaration forms

He added that the judges erred in holding that there were statutory requirements to stamp declaration forms yet there were none.

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Wanjiku was declared the winner with 39,447 votes on August 10, 2017, while Waibara was second with 9,314 votes.

Kungu filed an election petition in the High Court in Kiambu on September 4, 2017, which nullified Wanjiku's election.

On July 31, 2018, the Court of Appeal reversed the High Court decision that nullified her election as Gatundu North MP.

Judges Roselyn Nambuye, Gatembu Kairu and Agnes Murgor said the elections court misdirected itself and determined issues that were not pleaded by the petitioner.

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