CLEMENT KUNG'U WAIBARA
V.
ANNE WANJIKU KIBEH & ANOR

JUDGMENT OF THE COURT

The appellant Hon. Clement Kung’u Waibara is a voter and resident of Kiambu County, Gatundu North Constituency. He contested the 8^th 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 1^st respondent.

On 18^th February, 2019, he filed a Constitutional Petition dated 14^th February, 2019 in the High Court seeking a declaration that the 1^st 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 8^th 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 2^nd July 2019 appoi…