UPDATE 13:16 Gatundu North MP Wanjiku Kibe on Thursday, October 8, moved to court challenging a court ruling where her seat was declared vacant.
Wanjiku expressed dissatisfaction with the ruling where Judge Weldon Korir had declared her seat vacant and directed the IEBC to conduct fresh elections.
She filed a notice of appeal at the Court of Appeal.
The Gatundu North Parliamentary seat has been declared vacant.
The seat was declared vacant on Wednesday, October 7, after Justice Weldon Korir indicated that the election of the MP Anne Wanjiku, was in violation of the law.
The court heard that at the time of Wanjiku's election in 2017, she was still an MCA.
Korir has since directed the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh elections for the position within 90 days.
Additionally, the court asked the Deputy Registrar to forward the ruling to the Speaker of the National Assembly for appropriate action.
Wanjiku has a right to appeal the ruling at the appellate court and Supreme Court. However, if she does not, by elections may be held.
Former MP Clement Waibara had filed a constitutional petition claiming that the right to vie for election as a Member of Parliament is subject to qualification criteria set out in article 99 of the Constitution.
Waibara stated that Wanjiku was not qualified to vie for the parliamentary seat since she had not resigned as a nominated MCA in the Kiambu County Assembly on the date of her election in the 2017 General Election.
Wanjiku won the parliamentary seat by garnering 39,447 votes against Mr Waibara’s 9,390 votes.
In June 2020, the Court of Appeal ordered a fresh petition that challenged the MP's qualifications that saw her contest for the seat.
The three-judge bench sent the matter back to the High Court for fresh hearing and determination within six months.
This was after the appellate court faulted the High Court ruling for not conclusively determining the constitutional question raised by the petitioner.
"The appellant has raised a new question for interpretation under article 105 (1) (B) of the Constitution that has not been determined by any competent court. We find that the trial court erred in equating the contest herein as being based on the validity of the election of Ms. Kibe," stated the judges.
