Nakuru Senator Susan Kihika and her Kakamega counterpart Cleophas Malala are among 10 legislators who are facing the possibility of losing their elective seats.
The legislators risk having their elections nullified following the ruling by Justice Weldon Korir on Wednesday, October 7, that stripped Gatundu North Member of Parliament Wanjiku Kibe of her seat.
The legislators include Senators Susan Kihika (Nakuru), Cleophas Malala (Kakamega), MPs Mary Waithira Wamaua (Maragua), Patrick Mariru (Laikipia West) Fred Ouda (Kisumu West), Women Rep Catherine Waruguru (Laikipia), Joyce Korir (Bomet), Gladys Mbevu (Kilifi), and Asha Mohamed (Mombasa)
A file image of Gatundu North MP Wanjike Kibe
In his ruling, Justice Korir stated that by the time Kibe got her nomination certificate on June 27, 2017, she was yet to resign as a Nominated MCA at Kiambu County Assembly.
On her part, the ousted legislator vowed to appeal against the decision.
In an election petition that moved all the way to the Supreme Court and back again to the High Court, Justice Korir’s ruling has paved the way for a by-election which should be conducted within 90 days.
Section 99 (2)(d) provides that a person is disqualified from being elected a Member of Parliament if the person is a Member of the County Assembly.
Evidence tabled in court by former Gatundu North legislator, Kung’u Waibara, showed that as at August 8, 2017, Kibe was still an MCA.
MCAs wishing to run must tender a written resignation addressed to the Speaker of the relevant assembly.
For instance, Senator Kihika was the Speaker of the Nakuru County Assembly ahead of the 2017 General Election.
The outcome of the former MP’s appeal will have far-reaching consequences, as the 10 MPs could soon be faced with a similar scenario.
The Milimani Law Courts in Nairobi as pictured on November 18, 2019