BY NT CORRESPONDENT.
The fate of Gatundu North Member of Parliament Annie Wanjiku will be determined by supreme Court
This after Clement Kungu Waibara file an appeal to the Supreme Court seeking to set aside court of appeal decision that upheld Kibe’s election.
The former legislator further claims that being dissatisfied with the court of appeal judged erred in law by disregarding the results of forms 35A.
“The learned judge erred in law by misinterpreting section 83 of the Election Act, 2011 reads the court papers.
He wants the apex court to overturn the court of appeal decision and order for fresh election in the constituency.
In the court documents, it is Waibara’s argument that IEBC cannot violate the constitution with impunity and invoke the provisions of section 83 of the Election Act to cure the constitutional violations.
Late last month the Court of Appeal overturned a High Court decision that had nullified the election of Gatundu North MP Annie Wanjiku Kibe.
The 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 Kibe’s election.
But the appeal judges said that the petitioner, former MP Clement Waibara, had not requested for the audit to be done.
