The court of appeal has stopped the intended by-elections for Gatundu North Member of Parliament after an application by embattled MP Ann Wanjiku Kibe.
Judges Martha Koome, Sankale ole Kantai and Daniel Musinga granted the stay of the execution of the judgment of high court Judge Weldon Korir delivered on 7th October 2020 which declared Kibe’s election to the National Assembly as a violation of the constitution.
Justice Korir went ahead to declare the seat of Member of Parliament vacant and a by-election be held for it. He ordered the Deputy Registrar of that Court to immediately transmit the decision to the Speaker of the National Assembly for action in accordance with
the provisions of Article 101 (4) of the Constitution.
“Pending the hearing and determination of this application, this Honourable Court be pleased to stay the execution of the judgment of Justice Weldon Korir delivered on 7th October 2020 and of the Decree issued therefrom in Constitutional Petition 210 of 2020,” ruled judges Koome, Kantai and Musinga.
The court considered that the matters in contention are in the public interest and directed that the applicant files the record of appeal within 30 days of today and the appeal should thereafter be listed for hearing on priority basis.
The appellate judges also issued an injunction restraining the Speaker of the National Assembly and the IEBC from any consequential acts in execution of Judgment of Justice Korir; be it giving notice of vacancy pursuant to Article 101(4) of the Constitution, the giving of notice of a by-election or conducting a by-election for the seat of Member of National Assembly- Gatundu North Constituency.
Kibe argued that the Speaker of the National Assembly is bound by time-lines set in law to advise the IEBC to hold a by-election and if that happens and a by-election is held and the intended appeal succeeds, it would create a situation not at all in the public interest. The appeal would be rendered nugatory.
