BY SAM ALFAN.
Three Kenyans have sued the National Assembly and the electoral commission over delay to conduct a by-election in Banisa Constituency and implementation of the two-thirds gender rule.
Activist Peter Agoro together with Mr Anthony Murimi and Augustine Muthiani want court to declare that Parliament is illegal and unconstitutional as currently constituted over the gender rule and the delayed by-election.
In a petition filed at the High Court in Milimani, the petitioners want a declaration that the Independent Electoral and Boundaries Commission (IBEC) has violated the rights and fundamental freedoms of the people of Banisa Constituency for failing to conduct the by-election within 90 days as stipulated in the Constitution.
The parliamentary seat fell vacant in March 2023 following up the death of Kulow Hassan.
They pointed out that on April 21, 2023 the National Assembly Speaker Moses Wetang’ula declared the seat vacant paving way for a by-election. On April 21, 2023 the National Assembly Speaker Moses Wetang’ula declared the seat vacant paving way for a by-election.
The activists said the people of Banissa have been deprived of a person of their choice to represent their interests in the National Assembly in line with Articles 94 and 95 of the Constitution.
Agoro pointed out that Article 101 (5) of the Constitution provides that a by-election ought to be held within 90 days of the occurrence of the vacancy.
“In the absence of a Member of Parliament for Banissa Constituency, then the National Assembly cannot transact business as it’s unconstitutionally constituted,” Mr Agoro said.
The three further want the court to issue an order compelling the electoral body to conduct by-election for Banissa constituency within 30 days.
They are also seeking an order for the IEBC to provide a detailed schedule for the conduct of the said elections within a specific period.
