In Summary
  • National Assembly Speaker Justin Muturi issued writs in a special Gazette notice of August 14, officially declaring the seat vacant.
  • Mr Muturi’s notice to IEBC chair Wafula Chebukati paves way for the commission to prepare and announce the date for the mini-election that shall be held within 90 days as per the Constitution.
  • Some of those expected to officially declare their interest include Mr Imran Okoth (brother to the late MP), Mr Eliud Owalo, former Embakasi South MP Irshad Sumra and former nominated Senator Elizabeth Ongoro.
  • Others are Orange Democratic Movement Secretary-General, Edwin Sifuna, Sigar James Agumba and ODM Youth leader Benson Musungu.

The electoral commission now has until mid-November to conduct the Kibra constituency by-election, following lawmaker Ken Okoth's death on July 26.

National Assembly Speaker Justin Muturi issued writs in a special Gazette notice of August 14, officially declaring the seat vacant.

Mr Muturi’s notice to Wafula Chebukati, chairman of the Independent Electoral and Boundaries Commission (IEBC), paves way for the commission to prepare and announce the date for the mini-election that shall be held within 90 days as per the Constitution.

The count begins from the date of issuance of the writs by the Speaker, meaning the mini-poll must be held no later than November 14.

THE LAW

Article 101 (4) of the Constitution stipulates that whenever a vacancy occurs in the office of an elected member of the National Assembly or Senate, the respective Speaker shall, within 21 days after the occurrence of the vacancy, give notice in writing of the vacancy to the electoral commission.

The IEBC shall then be required to hold a by-election within 90 days of the notice.

A vacancy that occurs three months to the general election shall however, not be filled, according to the Constitution.

HOPEFULS

Mr Okoth was re-elected for a second term during the August 8, 2017 general election.

He died of cancer and his body was cremated at the Kariokor crematorium on August 3 in a ceremony attended by family members and friends.

Those aspiring to succeed him have time to declare interest and seek requirements including clearance from various government agencies before party primaries.

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