Gatundu North MP Anne Wanjiku Kibe is facing a fresh challenge and risks losing her seat after a new application in 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 a former MP, maintains that the current lawmaker ought to have resigned as a nominated MCA before vying for the parliamentary seat.
Kibe had been nominated to the MCA position by the now defunct The National Alliance (TNA) in 2013 to serve in Kiambu County Assembly.
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.”
“Hon Kibe was not qualified for election to the said position as she was at the material time still holding office as an MCA in the Kiambu County Assembly,” added Waibara.
The petitioner is seeking to have the court issue an order to Speaker of the National Assembly to issue IEBC with a written notice of the vacancy of the MP’s seat.
Kibe won the parliamentary seat with 39,447 votes against Waibara’s 9,390 votes.
