, NAIROBI, Kenya, Mar 7 – The Independent Electoral and Boundaries Commission (EBC) has finally set in motion the process of removing Mary Wambui as the Othaya Member of Parliament.
The IEBC said in a statement on Friday evening it had received the certificate of nullification of the election of Wambui from the Court of Appeal of Kenya sitting in Nyeri, in compliance with Section 86 (1) of the Elections Act, 2011.
“The IEBC Chairperson has subsequently written to the speaker of the National Assembly Justin Muturi notifying him of the certificate following which the Speaker is expected to issue a notice to the commission declaring the seat vacant as per section 86 (2) of the Elections Act, 2011.”
The IEBC will subsequently set a date, plan and conduct the by-election within 90 days after receiving communication from the Speaker that the seat has been declared vacant.
Wambui remained as MP three weeks after the Appeals Court in Nyeri nullified her March 4, 2013 poll win, due to a technical error.
Reports quoting IEBC chairman Ahmed Issack Hassan on Friday said he had asked the Court of Appeal to correct the error.
He said the certificate declaring a vacancy in Othaya ought to have been issued by the court under Section 86 of the Elections Act. However, the court used Section 84 of the Act, creating the anomaly.
The IEBC chairman said that if the commission had acted on an erroneous judgment, it would have created room for it to be challenged in court.
Earlier this week, Muturi said he was yet to receive communication based on the judgment and could not, therefore, declare the Othaya MP ‘a stranger’ in the House, according to the newspaper report.
Wambui, who was represented by lawyer Cecil Miller in the case, lost the appeal to Peter King’ara.
The High Court in Nyeri had initially upheld her victory.