A South Australian political source says Gichuhi’s election was confirmed at a special recount conducted by the Australian Electoral Commission today.
The matter will now return to the High Court next week with the court to make a final determination on Day’s replacement.
Gichuhi was the number two candidate on Family First’s SA Senate ticket at the last election in 2016.
While the recount of preferences was understood to have confirmed her election, the AEC said it would not release details ahead of the matter returning to the High Court.
Last week the court ruled that Day had been ineligible to stand for parliament because he indirectly benefited from a government lease arrangement on his Adelaide electorate office.
According to her nomination form, Gichuhi became an Australian citizen in 2001.
She said recently that she believed all due diligence, surrounding her ability to take up a Senate position, had been conducted before she was confirmed as a Family First candidate.
“We sought all the legal advice and information that was necessary to truthfully complete the nomination form,” she said last week.
However, she has repeatedly declined to answer questions about whether she retained Kenyan citizenship in some form, which could raise constitutional issues.
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