Family First's Lucy Gichuhi to fill Bob Day's Senate seat after recount
Kenyan-born lawyer Lucy Gichuhi has been elected to fill the South Australia Senate seat vacancy created by the high court’s decision to rule that her fellow Family First candidate Bob Day was ineligible.
A South Australian political source says Gichuhi’s election was confirmed at a special recount conducted by the Australian Electoral Commission on Thursday. She will be the first person of African descent elected to federal parliament.
The matter will now return to the high court next week, with the court to make a final determination on Day’s replacement.
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The high court found Day was ineligible to be a senator because he had an “indirect pecuniary interest” in an agreement with the commonwealth. The ruling came after he had already resigned in November over the liquidation of his building companies.
His eligibility was referred to the high court on 8 November to determine if he had an indirect interest in the lease of his Adelaide electorate office by the commonwealth, in breach of section 44 of the constitution.
Fullarton Investments, an entity that bought the 77 Fullarton Road property from the Day family trust on a vendor finance basis, was to receive rent from the commonwealth and use it to pay back the trust, although no rent was ever paid.
A majority of the court found that Day was ineligible from 26 February 2016, the date on which Fullarton Investments directed the commonwealth to pay rent to a bank account owned by Day.
The ruling had no impact on votes cast by Day during his time in the Senate, which are all still valid.