MP retains seat after court ruling

Gatundu North MP Clement Waibara has retained his seat after the Court of Appeal ruled that there was no credible evidence of irregularities in the 2007 poll December 09, 2011. FILE

Gatundu North MP Clement Waibara has retained his seat after the Court of Appeal ruled that there was no credible evidence of irregularities in the 2007 poll.

The Appellate Court found that the elections court, which had nullified Mr Waibara's election did not properly evaluate evidence presented before it.

The court ruled in Mr Waibara's favour saying that there was no "bullet proof" evidence of election malpractices on polling day.

It ruled that ballot boxes not were not opened to check anomalies in forms 16 and 17A.

The petition had been filed by former area MP Patrick Muiruri.

Mr Waibara later moved to the Court of Appeal seeking a decision to quash the lower court's ruling.

The court stayed the judgement pending a determination on the case and on Friday ruled that the MP should complete his five-year term.