Starehe MP Wanjiru set to know fate

Bishop Margaret Wanjiru will Friday know whether she will continue serving Starehe constituents in her capacity as area MP.

Justice Kihara Kariuki is expected to give his verdict on the petition challenging her election.

Six MPs have already been sent packing by the court in an indictment of the flaws in the last General Election. The petition against Bishop Wanjiru has been filed by former area MP Maina Kamanda.

And unlike other petitions, which have sought the nullification of the parliamentary seats, Mr Kamanda wants to be declared the winner and his name substituted with that of Bishop Wanjiru.

If the prayer is allowed, Mr Kamanda will avoid a by-election. The Housing assistant minister, who vied for the seat on an ODM ticket, defeated Mr Kamanda of PNU by 895 votes.

Mr Kamanda disputed and filed the petition in February 2008. A votes recount was ordered and Mr Kamanda emerged the winner with 49,306 votes against Bishop Wanjiru's 34,871, a difference of 14,435.

Mr Kamanda wants the court to declare him the elected MP for Starehe on the strength of Section 27(2) of the National Assembly and Presidential Elections Act. The section allows the Speaker to make changes should the court so declare.

According to him, he lost the seat after Forms 16A were falsified. But Bishop Wanjiru disputed his lead saying the ballot boxes were interfered with at the Nyayo National Stadium where they were kept after the elections.

Several election petitions are still pending in court. They include the petition challenging the election of Dr Boni Khalwale (Ikolomani), Mr Simon Mbugua (Kamukunji), Mr Walter Nyambati (Kitutu Masaba) and Mr Ngata Kariuki of Kirinyaga Central.

Three by-elections have already been held after two MPs lost in the subsequent by-elections. Mr Omingo Magara of South Mugirango lost the seat to Manson Nyamweya as Joel Onyancha lost to Simon Ogari in Bomachoge.

Mr Chirau Ali Mwakwere who also lost his Matuga seat, successfully recaptured his seat in a by-election in July.