The High Court has dismissed an application by Kirinyaga Senator Charles Kibiru to quash a case which seeks to have him recalled and his seat declared vacant for participating in Jubilee Party’s affairs yet he is an independent legislator.
According to the 31 petitioners who filed the case, Mr Kibiru, having been elected as an independent candidate, is not supposed to participate in the affairs of any political parties.
“He vied for the Kirinyaga senatorial seat as an independent candidate and emerged the winner after he garnered 147,921 votes. He was elected based on his manifesto and the strong conviction that he was the right candidate to represent their interests in the senate,” reads the petition.
Through lawyer Waithera Kinuthia, the voters want the court to find that Senator Kibiru’s participation in the election of Jubilee leaders amounted to joining the ruling party.
As a result, the lawyer says, the senatorial office should be deemed vacant, in line with Article 103 (1) (e) (ii) of the Constitution.
The law says the office of a Member of Parliament becomes vacant if, having been elected to Parliament as an independent candidate, the member joins a political party.
"The trust bestowed upon Mr Kibiru by the people of Kirinyaga County has indeed been watered down by his actions to join a political party and to take part in the affairs of the party by attending their Parliamentary Group Meetings and by participating in an election of the party leaders as a voter," the six-page petition reads.
Senate Speaker Kenneth Lusaka is listed as the second respondent in the case.
No comments:
Post a Comment