Former Gatundu North MP Clement Waibara (pictured) wants the Court of Appeal to set aside an order that suspended the nullification of Gatundu North MP Anne Wanjiku Kibe’s election.
Waibara wants the order vacated to pave way for a by-election in the constituency. He filed a petition challenging nomination of Kibe as Jubilee’s candidate in the last election.
Through lawyer Alphonce Owuocha, Waibara contends that the appeal lodged against the High Court’s decision, is yet to be heard and determined, almost one year down the line.
He states the Constitution indicates that a by-election, cannot be held at least six months prior to a General Election, yet the period left until the next election is less than 10 months.
Waibara argues that the Court of Appeal now lacks the jurisdiction to entertain the Pending Appeal on account of lapse of time.
The High Court last year annulled Kibe’s election and directed the electoral body to conduct fresh elections.
Justice Weldon Korir had ruled that the election of Kibe violated the law.
The judge noted that Kibe was still a nominated MCA on June 27, 2017, when her nomination to run for the Gatundu North MP was gazetted by IEBC.
The MP however moved to the Court of Appeal and obtained orders suspending the High court decision.