This archive report was first published on 2 November 2021.
On November 2, 2021, a Kiambaa by-election was held, with Njuguna Wanjiku emerging victorious on a United Democratic Alliance (UDA) party ticket.
However, his election was challenged by George Thata Ndia, who claimed that the Jubilee candidate, Wanjiku Kariri Njama, was the duly elected member and that the Independent Electoral and Boundaries Commission (IEBC) wrongly announced Njuguna as the winner.
According to the IEBC's declaration at the tallying centre, Karuri High School, Njuguna garnered 21,773 votes, while Njama followed closely with 21,263 votes.
The petition was filed on July 29, 2021, through lawyer Njoki Mboce, seeking to nullify the UDA MP's win in the hotly contested by-election on grounds of election malpractices.
On November 2, 2021, when the matter came up for hearing, Justice Grace Nzioka asked the parties to follow due process in regard to withdrawal.
Lawyers representing IEBC, a returning officer, and Wanjiku confirmed they had received the notice of the intended withdrawal.
However, IEBC lawyer Julius Anyoka told the judge that it was procedural for the petitioner to first place an advertisement of his intended withdrawal in the newspapers before seeking to be heard.
The judge concurred, ruling that the advert should be out within 7 days before the request for withdrawal is heard and determined as it is 'a matter of public interest.'
Thata said in his papers that his intention to withdraw is pegged on his desire to 'let Kiamba people take part in the ongoing voter registration exercise.'
The judge has directed the Deputy Registrar to act expeditiously according to the provision of the constitution.
She directed the parties to return to court on November 12, 2021, for the hearing of the intended withdrawal.
