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Clement Kung'u Waibara v. Anne Wanjiku Kibeh & Independent Electoral and Boundaries Commission

(2020) JELR 103155 (CA)

Court of Appeal  •  Civil Appeal 431 of 2019  •  19 Jun 2020  •  Kenya

Milton Stephen Asike Makhandia, Jamila Mohammed, Fatuma sichale



The appellant Hon. Clement Kung’u Waibara is a voter and resident of Kiambu County, Gatundu North Constituency. He contested the 8th August, 2017 elections as a candidate for the seat of member of National Assembly, “MP” Gatundu North Constituency and lost to Hon. Anne Wanjiku Kibeh the 1st respondent.

On 18th February, 2019, he filed a Constitutional Petition dated 14th February, 2019 in the High Court seeking a declaration that the 1st respondent, holds office as an MP for Gatundu North Constituency in violation of Article 103(1) (g) as read together with Article 99(2) (d) of the Constitution because she was not qualified to contest for elections as an MP on the date of her election on 8th August, 2017.

Following the filing of the Petition in the High Court at Kiambu, Lady Justice Meoli disqualified herself from hearing it and referred the same to the Chief Justice for directions as to its hearing. The Chief Justice gazetted the petition and on 2nd July 2019 appoi…

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