Eleventh Kenyan MP lose seat in Election petition
Today another Member f Parliament lost his seat following a successful election petition. Gatundu North Mp Clement Waibara becomes the eleventh MP to lose election following the disputed 2007 elections that led to the post-election violence.
Making his ruling Justice Fred Ochieng’ said that even though all the main actors of the petition who include the petitioner Bernard Chege Mburu, Patrick Muiruri and Martin Ndung’u Kahura were doubtful characters and are unreliable witnesses the court cannot close its eyes to electoral irregularities that were committed by the ECK officials.
“ECK failed to sign form 16 A and putting all the details that are required. And on that ground alone Waibara was not validly elected and in hereby nullify his election,” ruled Ochieng’.
Out of the 11 concluded election petitions all were nullified by court and only three MPs have been able to recapture their seats after by elections.The three are Chirau Mwakwere (Matuga),Margaret Wanjiru (Starehe) and Boni Khalwale (Ikolomani)
Those who have lost seats are:
- Walter Nyambati(Kitutu Masaba )
- Joel Onyancha (Bomachoge)
- Omingo Magara (South Mugirango)
- Simon Mbugua (Kamukunji)
- Dick Wathika (Makadara)
- George Thuo (Juja)
- Ngata Kariuki (Kirinyanga Central)
- Abdirahman Hassan (Wajir South)
This again bring us back to the question of how fair the 2007 elections were. If these numbers of MPs who have lost their seats is anything to go by,then the defunct Electoral Commission of Kenya(ECK) messed the entire electionsin 2007 that led to bloodbath.
Therefore we can argue that most of our sitting MPs could be home by now if the losers in their constituencies were smart enough to file a case to challenge their wins in court.
We hope that the newly formed Independent Electoral and Boundaries Commission (IEBC) will stand up for Kenyans who for a long time have been cheated by the electoral system.