Northern Kenya

Petition filed to restrain Parliament sessions over Banissa by-elections

Members of Parliament during a past session. (Photo: National Assembly)

By Joseph Ndunda | Friday, July 12, 2024

Activists Peter Odhiambo Agoro, Anthony Murimi Wachira, and Augustine Muthiani Muthui want the high court to declare that the National Assembly is unconstitutional as it is—without a representative for Banisa.

Three activists have petitioned the high court to order a by-election in Banisa constituency, Mandera County, within 30 days.

They also want the National Assembly (NA) restrained from holding any sittings or discharging its constitutional duties until the constituency gets a representative.

Activists Peter Odhiambo Agoro, Anthony Murimi Wachira, and Augustine Muthiani Muthui want the high court to declare that the National Assembly is unconstitutional as it is—without a representative for Banisa.

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"In the absence of a Member of Parliament (MP) for Banissa Constituency, then the NA cannot transact business as it is unconstitutionally constituted," the petition reads in part.

They further want the Independent Electoral and Boundaries Commission (IEBC) to share details about the preparations for the by-election.

Angoro and his peers also asked the high court to declare that the IEBC has violated the resident's fundamental rights.

"The delayed by-elections have led to a lack of legitimate representation for the people of Banissa Constituency in decision-making in the national assembly," Angoro and his peers argue in their petition.

The Milimani Law Courts in Nairobi. (Photo: File)

"Further delays by the IEBC in conducting the by-election will cause distress among constituents."

Banisa residents have remained without a representative in NA for 15 months following the death of their MP, Kullow Hassan.

Hassan died in a hit-and-run incident involving a motorcyclist in Nairobi on March 25, 2023. A by-election to replace him has not been conducted due to the absence of an electoral commission.

The IEBC is not constitutionally constituted as it is currently (without the commissioners) and therefore cannot discharge its duties.

Article 101 of the Constitution provides that a by-election ought to have been held within 90 days of the occurrence of the vacancy in the said office. On April 21, National Assembly Speaker Moses Wetang'ula declared a vacancy in the Banissa constituency seat, paving the way for a by-election.

"The people of Banissa Constituency 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," reads the petition in part.

"The continued delay in conducting the Banissa by-elections denies the Banissa constituency constituents and electorates their right to representation and participation in national development. It undermines the democratic process and the NA's credibility, the petitioners, who also sued the NA, the IEBC, and the Attorney General, added.

Meanwhile, the Independent Electoral and Boundaries Commission (Amendment) Act 2024, signed into law by President William Ruto on July 9, paves the way for a properly constituted electoral body.

The Act, backed by recommendations proposed by the National Dialogue Committee (NADCO), will lead to the appointment of the chairperson and members of the commission through a selection panel appointed by Ruto.

Leaders from the opposition and the government look on as President William Ruto signs the IEBC (Amendment) Bill at the KICC in Nairobi on July 8, 2024. (Photo: PCS)

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