Saturday, December 10, 2011

Gatundu North MP Waibara retains seat




Written By:Dzuya Walter,    Posted: Fri, Dec 09, 2011
Waibara becomes the first MP to successfully appeal against the High Court decision following the 2007 General Election
Gatundu North MP Clement Waibara heaved a sigh of relief Friday after the  Court of Appeal quashed a high court ruling that nullified his election fourmonths ago.
Waibara will now Complete his five year term after the court of appeal ruled that there was no credible evidence of election malpractices in his victory in the 2007 general election. 
In their judgment Appeal Judges Samuel Bosire, Philip Waki and Alnashir Visram said the High Court should have ordered for the opening and scrutiny of all the ballot papers and other electoral documents like forms 16 A and 17 A. 
The Appellate court also said the Electoral Commission of Kenya which presided over the 2007 election failed to discharge its duties lawfully since the presiding officer did not sign Form 16A as required. 
A voter, Bernard Chege Mburu, had moved to court to challenge the 2007 election of Waibara as Gatundu North MP.
Chege had claimed Waibara could not articulate himself in English and Kiswahili and accused the MP of electoral irregularities, including bribery of voters and causing violence before and during the December 2007 polls.
Waibara becomes the first MP to successfully appeal against the High Court decision following the 2007 General Election.
Eleven MPs have so far lost their seats through election petitions filed against them.                           

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