Forget the election petitions scandals that have reigned lately, in firce move, a fresh challenge has been thrown at a female Member of parliament.
Gatundu North MP Anne Wanjiku Kibe now risks losing her seat after a new application has been taken to court claiming she was a nominated MCA during the polls.
The application against her election was made at the High Court by her rival, Clement Kung’u Waibara, asking the court to declare the seat vacant.
In the case, both Ms Kibe and the Independent Electoral and Boundaries Commission (IEBC) have been named as respondents.
Mr Waibara, who is a former MP, maintains that the current lawmaker ought to have resigned as a nominated MCA before vying for the parliamentary seat.
According to Waibara argument, the MP was apparently on the wrong side of the law since she continued to receive all the benefits due to a seating MCA even after Jubilee Party nominations for the MP seat.
Wabira’s application read, “Kibe, with the assistance of IEBC, knowingly violated provisions of the Constitution that prohibits election to the National Assembly of any person who holds the office of MCA.”
He further argued that the IEBC (Kibe’s co-accused) failed to discharge its official mandate by allowing Kibe to contest for the seat, even when she was not qualified.
The application noted, “IEBC knowingly or negligently failed to discharge its constitutional mandate in verifying the qualifications of Kibe, and thereby caused a grave violation of the Constitution.”