Othaya MP Mary Wambui loses seat

By Francis Ngige and Murimi Mwangi

Nyeri, Kenya: Many know Othaya constituency politician Mary Wambui as an exuberant woman, who fights for what she believes in.

But she is the one person today who will not see joy in celebrating Valentine’s Day. When the odds were against her in the last General Election, Wambui fought tooth and nail to floor one of her main opponents, who had the backing of former President Mwai Kibaki.

Thursday, however, when the Court of Appeal annulled her election as Othaya MP, the ‘iron lady’ looked almost disillusioned.

It was certain that the last thing she had expected out of the case was cancellation of her win after about a year. She received support from her supporters, but this was not enough to ease the pain on her face.

Sitting in the packed courtroom, the politician looked pensive as the judges read the decision.

Wambui, who now faces a gruelling by-election, has had a short tenure after succeeding Kibaki as Othaya MP. She fought hard to secure the seat in the March 2013 General Election, as she faced stiff challenge from city lawyer Peter King’ara and former president’s preferred candidate Gichuki Mugambi.

The declaration of her win was as controversial as the campaigns. Initially, the High Court had upheld her election but King’ara successfully overturned the decision Thursday.

The most enduring images of last year’s bitter campaigns was a forlorn Wambui shut out of a function graced by Kibaki at Othaya Boys High School. Hawk-eyed presidential guards kept her in check alongside another candidate, Esau Kioni, who ironically was the head of the presidential guard at one point in Kibaki’s tenure.

The by-election occasioned by appellate judges Alnashir Visram, Otieno Odek and Martha Koome, renews political rivalry for the Othaya seat.

The judges faulted Murang’a High Court Judge Jairus Ngaah for upholding Wambui’s election.

They ruled that Justice Ngaah’s verdict did not reflect the legitimate aspirations of the Othaya electorate, as he did not adequately interrogate evidence discrediting Wambui’s win.

Dwelling largely on Justice Ngaah’s failure to order for a recount, the appellate judges ruled that without the scrutiny of the contentious votes, the judge’s verdict was erroneous.

“We find that the errors most likely affected the results and ultimate will of the people of Othaya,” ruled the judges Thursday.

Twice, at the High Court, King’ara had made futile attempts to ask for a recount.

In her short but stellar political career, Wambui, who was popularly known as a Narc activist, has rarely shied away from the limelight.

She acquired the reputation of a shrewd businesswoman, who found her way into the sanctum of political power, playing a key role in former President Kibaki’s election campaigns.

Her name was propelled to national prominence after the 2002 General Election when Kibaki emerged victorious in the presidential race. Questions were raised about her status due to her heavy security detail. Her bid to succeed Kibaki as Othaya MP was met with resistance. Wambui appeared to have fallen out of favour with the former president, who was looking elsewhere for his successor.

Despite a pledge not identify his successor in the initial stages of the campaigns, Kibaki went ahead and named Mugambi as his choice for the MP post much to the chagrin of Wambui and other aspiring candidates. Mugambi had closely worked with Kibaki, having been the chairman of Othaya Development (ODA), a group charged with steering development projects in the constituency.

Prominent businesspeople and professionals from Othaya opposed Wambui candidature. After a meeting in Nyeri, much before the TNA nominations last year, the group meeting under the aegis of ODA resolved to support their chairman.

Disappear into oblivion

Having been overlooked in the Othaya succession race, some thought she would submit to the wishes of the status quo and disappear into oblivion but she remained influential.

Later, Wambui was to face serious hurdles in her quest to represent the constituency, among them enduring tough TNA primaries.

It was her nomination as the TNA candidate for Othaya that made her a key player in national politics.

After a hotly-contested nomination with Mugambi, Wambui was announced the winner in Othaya, but at TNA headquarters, things were different.

An incensed Wambui led an invasion of the Independent Electoral and Boundaries Commission (IEBC) offices at Anniversary Towers late in the evening, after word went round that her rival had been awarded the much-sought certificate.

The politician, who was accompanied by among others Nairobi Woman Representative Rachael Shebesh, staged a sit-in the boardroom for close to three hours, from 9pm to midnight, demanding to be addressed by officials of the electoral body.

Artur brothers

Wambui complained that her name had allegedly been removed from the list of TNA nominees for the Othaya MP seat. The dispute over the nomination was to drag on to the IEBC tribunal and after a tortuous session, the electoral body eventually ruled in her favour.

Her campaigns were not smooth sailing. The presidential security blocked Wambui from joining the President as he inspected three development projects in Othaya. In her public life, Wambui has been forced to defend herself against alleged links to the notorious Artur brothers.

The issue cropped up during the election petition at the High Court with petitioner King’ara arguing that integrity was key to leadership.

And with the appellate court having opened doors for another election in Othaya, it remains to be seen how contest will shape up, with Kibaki now out of office.