NAIROBI, Kenya, Apr 9 – The case by former Othaya Member of Parliament Mary Wambui against her ouster is now due to be heard on April 14 after it was certified as urgent by the Supreme Court.
Wambui is seeking to compel the Supreme Court to revert the decision by a three judge bench in Nyeri, ahead of the by-election set for April 29.
Her lawyer Cecil Miller said that the Appellate Court had erred in overturning the decision by High Court Judge Jarius Ngaah which upheld Wambui’s win as Othaya MP.
Miller further contended that the Court of Appeal had exceeded its jurisdiction by interrogating and making findings on matters of fact that had been determined by the trial court.
The Court of Appeal annulled Wambui’s election as Othaya MP while faulting High Court Judge Ngaah for upholding her victory.
It had ruled that Justice Ngaah’s verdict did not reflect the legitimate aspirations of the Othaya electorate, as he did not adequately interrogate evidence discrediting Wambui’s win.
Dwelling largely on Justice Ngaah’s failure to order a recount, the appellate judges ruled that without the scrutiny of the contentious votes, the judge’s verdict was erroneous.
Justice Ngaah had dismissed the petition filed by March 4 poll loser Peter King’ara after finding that Wambui’s election was generally free and fair.
King’ara had challenged Wambui’s election on the grounds that she was not qualified to hold the office of legislator as she did not even hold a Kenya Certificate of Primary Education certificate.
He had also alleged that she did not possess the integrity that is required of public office holders as stipulated in Chapter six of the Constitution.
Among the electoral malpractices King’ara had accused her of, are voter bribery and the manipulation of electoral officers.