Cecil Miller had argued that the appellate court in Nyeri which had nullified her election had based its decision on matters that had not been canvassed before it and that the petition had been filed out of the deadline set the by the Constitution. But it was from Miller’s argument that the case had been filed out of time that saved the day for Wambui. Miller cited another judgment that had been given by the Supreme Court in a petition involving Mombasa Governor Ali Hassan Joho, in which he had argued on the importance of timelines in the filing of electoral petitions. “From the analysis above, and from a review of the principles in the Joho case as regards the settlement of electoral disputes, we are convinced that for the benefit of certainty and consistency, the declaration of invalidity must apply from the date of commencement of the Elections Act, that is, December 2, 2011,” said the full judge bench before handing the Othaya MP her political lifeline. “After the Appeal Court upheld the decision to kick her out, it was upon the Supreme Court to overturn the decision and we kept on praying that it will be positive. But we had a good case, “Miller said yesterday. It would have been interesting, however, to see how the Kibaki factor would have worked out if Wambui had lost the petition and the Othaya electorate been asked to recast their ballots. According to Florence Kajuju (Meru Woman Representative), Wambui also benefited from immense backing of women MPs who supported her morally and financially. She revealed that Wambui had created considerable networks within the House, which supported her morally and financially. “We felt very sad as women. If she had lost the case, it would have been a setback to us as women who feel disadvantaged in tern of affirmative action,” said Kajuju. This article was published by the STANDARD ON SUNDAY on May 11, 2014]]>
