Makueni Senator Mutula Kilonzo Jnr has taken issue with a High Court ruling declaring Gatudu North Parliamentary seat vacant.

Earlier today, Justice Weldon Korir declared the Gatundu North parliamentary seat as vacant citing violation of election laws.

Justice Korir directed that IEBC should conduct fresh elections, validating on Clement Kung’u Waibara's arguments in court that Ms Wanjiku was a public office holder at the time of her election.

Mr Waibara argued in court saying Ms Wanjiku was not qualified to vie for the parliamentary seat since, on the date of her election in the 2017 General Election, she had not resigned as a nominated ward rep in the Kiambu County Assembly.

The judge also directed the Deputy Registrar to forward the ruling to the speaker of the National Assembly for appropriate action.

"I declare that the seat of the MP Hon Anne Wanjiku has become vacant," stated Justice Korir. 

Senator Mutula’s Take

Reacting to the ruling, Senator Mutula Junior termed it a ‘travesty’. According to the vocal senator, Parliament amended the Election law to avoid such rulings that come over two years after an election.

“This is a travesty. We amended the Election laws to ENSURE decisions of this nature are made within six months of the elections,” he said.

In the Kenyan Constitution Article 105 (1) and (2), a petition on whether a legislator was validly elected, should be heard and determined with six months of the date of filing the petition.

Here is an excerpt of the Constitution Article 105 (1) and (2):

The High Court shall hear and determine any question whether:

1 (a) a person has been validly elected as a Member of Parliament; or
    (b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.