Some 31 voters from Kirinyaga have sued Senator Charles Kibiru for participating in Jubilee matters when he ran as an independent candidate.
In an application filed under urgency, Josiah Murigu, on behalf of others, wants the court to declare that Kibiru has violated Articles 10, 73(1) and 103 (1) (e) (ii) of the Constitution.
They also want a declaration issued that Kibiru’s actions of attending a political party’s parliamentary group meeting and participating in the election of the party’s leaders in the Senate amount to joining the party.
“A declaration should issue that the office of the member has become vacant on account that Kibiru, who was elected as an independent candidate, has joined a political party,” Murigu says in the application.
The voters allege that the senator has betrayed the trust and confidence of Kirinyaga people based on the events that took place on May 11 when the Majority party changed its Senate leadership.
They argue that the minutes of Jubilee’s parliamentary group meeting availed by the new Whip on May 12 confirmed that Kibiru was in attendance and participated in the affairs of the party.
He says the trust bestowed upon the senator by the people has been watered down by his actions.
“The actions failed to adhere to the national values and principles of governance which include upholding the rule of law as well as state organs, public offices and all persons bound by article 10 of the Constitution,” the court documents read.
The voters claim Senator Kibiru has violated the right of Kirinyaga electorates to have a state officer who acts in a manner that promotes values, objects and principles of the Constitution.
They add that the senator’s decision to participate in a political party’s decision to change the Senate leadership - a reserve of the party members - was a breach of trust of the people who posited him with the authority to act in their interest and not his.
Edited by R.Wamochie