, NAIROBI, Kenya, Mar 18 – The Court of Appeal has nullified the election of George Wanjohi as Mathare Member of Parliament.
The ruling by a three-judge bench on Tuesday ordered that fresh elections should be held in the constituency as required by law following a petition by one of the contestants, Stephen Kariuki.
The judges also directed that Kariuki’s cost be paid by the Independent Electoral and Boundaries Commission in both the Court of Appeal and the High Court which amounts to Sh1.5 million.
“In the circumstances, we allow this appeal and hereby set aside the election court’s judgment dated 13th September 2013 and the decree and orders consequent thereupon and order that a fresh election for the Member of the National Assembly for Mathare Constituency beheld as required by law,” they ruled.
“As the unhappy state of affairs in this matter was brought upon by the 2nd (IEBC) and 3rd respondents (Wanjiru Gachihi), the 2nd respondent will bear the costs of the appellant both in the High Court and in this court capped at Sh1 million in the High Court and Sh500,000 in this court. The 1st respondent will bear his own costs in the High Court and in this court.”
Kariuki had initially been presented with the certificate by the IEBC Returning Officer who later recalled it and awarded it to Wanjohi as the duly elected Member of Parliament.
A letter which was addressed to Kariuki by Gachihi who was the returning officer read: “This is to notify you that the certificate of results in respect of your candidature in Mathare Constituency was issued to you in error. The same is hereby recalled for cancellation.”
Kariuki was vying for the position under the ticket of Orange Democratic Movement.
He had sought a declaration from the election court that Wanjohi was not validly elected or declared as Member of the National Assembly representing Mathare Constituency and for a determination that he was the validly elected and declared Member for the National Assembly.