Court of appeal has suspended the nullification of the election of Gatundu North MP Anne Wanjiku pending the hearing and determination of an appeal she has filed at the court of appeal.
Judges Martha Koome,D.k Musinga and S Kantai today ruled that in ordinary election petition appeals, the lodging of a
Notice of Appeal operates as an automatic stay of the Judgment of the High
Court.
Wanjiku who is being represented by lawyer Tom Ojienda has appealed against a high court decision that nullified her election.
“The applicant Wanjiku has satisfied both limbs of the principles we have discussed and the motion succeeds. We direct 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,”ruled the panel.
They ruled that pending the hearing and determination of the applicant’s intended appeal,the court be pleased to stay the execution of the judgement of justice Weldon Korir delivered on October 7,2020.
“Pending the hearing and determination of this application,
this Honorable Court be pleased to issue an INJUNCTION
RESTRAINING the Speaker of the National Assembly and the 2nd
RESPONDENT – IEBC from any consequential acts in execution
of Judgment of Justice Weldon Korir delivered on 7th October
2020; 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” ruled the Panel.
In his ruling on Wednesday, October 7, 2020 Justice Weldon Korir had also directed the electoral commission to conduct a fresh poll.
Further, the court directed the Judiciary Deputy Registrar to forward the ruling to the Speaker of the National Assembly Justin Muturi for appropriate action
Justice Korir had overturned her election over her failure to resign as an MCA when she sought Jubilee nomination for the parliamentary seat.
Wanjiku, who was a Jubilee nominated MCA in Kiambu County, participated and won the party primaries.
However, she failed to resign as an MCA when she participated in the Jubilee primaries as required by the law since her term had not ended.
