The High Court has declared the Gatundu North parliamentary seat vacant.
Justice Weldon Korir said the election of Anne Wanjiku Kibe was in violation of the law.
He directed the Deputy Registrar to forward the ruling to the Speaker of the National Assembly for appropriate action and the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election.
On June 25 this year, the Court of Appeal ordered a fresh hearing of the petition challenging the MP’s qualifications that saw her contest for the Gatundu North seat three years ago.
According to the Appellate judges, the Constitutional and Human Rights Division of the High Court was to only handle the interpretation of the Constitution in the petition and not validity of the MP’s election.
“It, therefore, follows that the question whether a seat has become vacant falls squarely within the mandate of the High Court and this question with respect to the MP of Gatundu North Constituency is yet to be determined by a competent court,” the judges ruled.
A report by The Standard said the verdict was issued after it was found that the High Court wrongly dismissed the matter by handling it as an election petition.