Othaya MP Mary Wambui fights to retain seat
Othaya MP Mary Wambui has put up a spirited fight at the Supreme Court claiming that the Court of Appeal exceeded its mandate in nullifying her election.
Through lawyer Cecil Miller, Ms Wambui told the Supreme Court that the Appellate court sitting in Nyeri had no jurisdiction to base their decision to cancel her election on issues which were not presented before it and that the court denied her a chance to respond fully.
“The judges were mandated only to interrogate issues of law and not dwell into factual errors which made them reach a decision not supported by any provision of the law.
“The decision cannot therefore be let to stand since it was an infringement to Ms Wambui’s right to a fair trial,” said Miller.
He argued that the Appellate judges dwelt on issues not addressed during the initial petition at the High Court and they erroneously cited cases of irregularities in some polling stations which the High Court had ruled were not widespread enough to warrant a by-election.
Mr Miller submitted that the initial petition by Mr Peter Gichuki King’ara was null for being filed out of the stipulated timeline and should have been struck out at the first instance.
“The petition was filed six days after the set deadline and it followed that both the proceedings before the High Court and the Court of Appeal were null and void.
“The Supreme Court will therefore be allowing something illegal if they let the decision to call for a by-election in Othaya to stand,” he said.
This article was published by the DAILY NATION on April 28, 2014