Editor's Review

  • Pundits have criticised the court ruling arguing that by dissolving county assemblies, elected and nominated leaders seize to hold public office and as such, they do not require to formally resign before seeking a fresh or higher mandate. 
  • The ruling puts the fate a number of sitting MPs in limbo having been elected before formally resigning as Members of County Assemblies across the country.  

The recent ruling by Justice Weldon Korir that found Gatundu North electorate by surprise could see at least ten vocal members of parliament losing their seats.

Justice Korir declared the Gatundu North MP Annie Kibe’s seat vacant, saying was still holding her position as a nominated MP in Kiambu at the time of her election.

The ruling puts the fate a number of sitting MPs in limbo having been elected before formally resigning as Members of County Assemblies across the country.

The court directed its registry to forward the ruling to the Speaker of the National Assembly Justine Muturi’s office for further action.


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Those likely to be affected by the ruling include:

  1. Kakamega Senator Cleophas Malala

Before his election to the Senate, the vocal Kakamega Senator was serving as Mahiakalo MCA and the county assembly deputy speaker.

He was elected on an ANC party ticket and currently serves as the Deputy Minority leader at the Senate under the mercy of the now-defunct NASA coalition.

      2. Nakuru Senator Susan Kihika


Senator Kihika rose to clinch the Nakuru Senatorial seat after serving as speaker of the Nakuru County Assembly.  Her election was challenged in court on similar grounds as in the case of the Gatundu North MP whose seat the court declared vacant

      3. Laikipia Woman Rep Cate Waruguru

The Laikipia County woman representative was a nominated member of the Laikipia County Assembly just like the Gatundu North MP who now faces an ouster over her failure to resign prior to the elections. She is among those who can’t simply sit pretty as her colleague faces the court declaration.

       4. Kilifi Woman Rep Gertrude Mbeyu

Mbeyu is also among leaders facing a possible ouster out of the recent High Court ruling. The woman MP serves as the Kibarani MCA.

        5. Mombasa Woman Rep Asha Mohamed

The ODM legislator was a nominated MCA in Mombasa before receiving massive support to the Woman Rep’s seat.  

Pundits have criticised the court ruling arguing that by dissolving county assemblies, elected and nominated leaders seize to hold public office and as such, they do not require to formally resign before seeking a fresh or higher mandate.