Australian High Court has rejected Labor’s bid and has declared Kenyan-born Lawyer, Lucy Gichuhi as the new South Australian Senator in the federal government.
Mrs. Gichuhi, who is replacing former Senator, Bob Day, has faced major political perusal after she failed to detail when she renounced her Kenyan Citizenship and became an Australian.
— 7 News Adelaide (@7NewsAdelaide) April 19, 2017
The Wednesday ruling is a major boost for Family First which has regained the seat.
The case had been lodged by The Labor which was challenging Mrs. Gichuhi’s eligibility to hold the seat due to concerns on her citizenship.
Justice Jeffrey Nettle ordered Mrs. Gichuhi be installed as the new Senator trashing an argument by Labor lawyers to be given more time to produce evidence that Mrs.Gichuhi did not take just steps to renounce her Kenyan citizenship before the elections.
In his ruling, Justice Nettle maintained that there was speculation Mrs. Gichuhi would enter the Senate, giving ALP plenty of opportunity to investigate the matter.
Further, the Attorney-General George Brandis had verified Mrs. Gichuhi’s eligibility by March and he gave approval declaring her eligible.
“For those reasons, the court is not (going to) grant more time,” said the Judge.
The Australian constitution does not allow a person with dual citizenship to be elected to the Australian parliament.
She was Family First’s No 2 candidate on the ballot paper, behind Mr. Day. Her Senate career shaped up after the High Court invalidated Mr. Day’s election due to a pecuniary interest.
She will be sworn-in when parliament resumes on May 9.