A Kenyan-born lawyer who experienced poverty as a child but opposes government "handouts" will become Australia's newest senator, replacing Family First's Bob Day, after the High Court rejected Labor's last-ditch challenge over her citizenship.
Lucy Gichuhi will become the new Family First senator after a recount ordered by the High Court found that even though she only received 152 first preference votes, the remaining above-the-line Family First votes was enough to propel her into a Senate spot ahead of Labor's candidate Anne McEwen.
Ms Gichuhi will have one of the 10 Senate crossbench votes the government will need to secure legislation when opposed by Labor and the Greens.
After the High Court announced the decision, Labor attempted a last-ditch attempt to torpedo the Family First candidate by protesting there were "legitimate questions" about Ms Gichuhi's eligibility because of her citizenship status under Kenyan law.
The High Court did not agree and immediately threw out Labor's submission.
Under Australia's constitution, dual citizens cannot become members of Parliament, however, the Kenyan embassy had confirmed Ms Gichuhi had forfeited her Kenyan citizenship once she took Australian citizenship.
With no higher court to appeal, Labor has agreed to accept the High Court's judgment.
