KBC Channel 1

Tag: Banissa Constituency

  • Why three petitioners want National Assembly declared unconstitutional

    Why three petitioners want National Assembly declared unconstitutional

    Three petitioners have moved to court to have the 13th Parliament declared illegal.

    Peter Agoro, Anthony Murimi Wachira and Augustine Muthiani Muthui are seeking to have their application filed at the high court heard urgently.

    They argue the absence of Banissa Constituency Member of Parliament who died last year after being involved in an accident is sufficient ground to declare the National Assembly unconstitutional.

    “In the absence of a Member of Parliament for Banissa Constituency, then the National Assembly cannot transact business as it is unconstitutionally constituted” reads a part of the petition.

    Further, they state that the National Assembly also violates the 2/3 gender rule and constitutional provisions such as Article 26 (6), Article 27 (8) and Article 81 (b) which secures affirmative action aim to reduce gender imbalances in leadership positions by providing that no more than two-thirds of the members in any elective or appointive positions such shall be of the same gender.

    The electoral body IEBC which is the second respondent in the petition has been blamed for failing to conduct by-elections for Banissa constituency.

    “The 2nd Respondent has failed to conduct by-elections for the position of Member of Parliament, Banissa Constituency, Mandera County, within the stipulated 90 days timeline, hence have violated the provisions of Article 101 (4) (b) of the Constitution” the petitions adds.

    They aver that the application is extremely urgent as it seeks to defend Kenyans’ constitution, public interest, and fundamental rights and freedoms.

    “It is no doubt in the interests of fair administration of justice, legitimate expectations and the rule of law that the application filed herewith is admitted urgently for the urgent reliefs thereof to prevent the otherwise devastating violation of fundamental rights of Kenyan citizens guaranteed by the Constitution of Kenya 2010” they said.

    Banisa has been without an MP since March 2023 following the death of  Kulow Hassan after he was hit by a motorbike on March 25, 2023, in Nairobi.

    Article 101 of the Constitution, provides that a by-election ought to have been held within
    ninety (90) days of the occurrence of the vacancy in the said office.

    On April 21st National Assembly Speaker Moses Wetang’ula declared the seat vacant  paving the way for a by-election which was never conducted owing to the delayed recruitment of new commissioners.

    The petitioners note that further delays by IEBC in conducting the by-election will cause distress among constituents.

    “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”, they stated.

    The National Assembly and Attorney General who has since been dismissed following the dissolution of the Cabinet are respondents in the petition dated July 10.

    Three days ago, President Ruto signed into law the Independent Electoral and Boundaries Commission (IEBC) (Amendment) Bill, 2024 paving the way for the establishment of the selection panel for the appointment of new IEBC commissioners.

  • Banissa residents demand by-election 16 months after MP seat fell vacant

    Banissa residents demand by-election 16 months after MP seat fell vacant

    Residents of Banissa Constituency in Mandera county held a peaceful demonstration on Monday to protest the lack of representation in Parliament.

    The constituency has been without an MP for 16 months, following the death of their MP, Kullow Maalim Hassan, in March of last year.

    The residents are now urging the national government to address the issue of representation saying the constituency stands to miss out on development of the issue persists.

    “This is more than enough. We want developments in our constituency and equal rights just like other Kenyans,” said Hassan Illow, a resident of Banissa.

    Banissa MCA Issack Dhahir noted that Banissa’s hopes of enjoying national developments are fading and urged the government to establish the Independent Electoral and Boundaries Commission (IEBC) for them to elect a new representative.

    “Anyone blocking the rights of Banissa people to have representation in the National Assembly is an enemy to the people of Banissa and Mandera at large,” Dhahir stated.

    The late Banissa MP Kullow Maalim Hassan died after a hit-and-run accident in Nairobi and three weeks later, the Speaker of the National Assembly notified the public regarding its vacancy.

  • Banissa constituents decry lack of representation amid IEBC recruitment stalemate

    Banissa constituents decry lack of representation amid IEBC recruitment stalemate

    The prolonged crisis at the Independent Electoral and Boundaries Commission (IEBC) is taking a heavy toll on the country’s democratic process.

    Having been reduced to a skeleton upon the resignation of some commissioners and expiry of others’ terms, the secretariat in place cannot handle its core mandate.

    As such, not only have the electorate in Banissa constituency gone without representation in the National Assembly, for close to a year, but the 12-year constitutional deadline to review boundaries and therein the probability of adding more constituencies is also just weeks away before end month.

    Their then MP Kullow Maalim Hassan died on March 29 last year and the constitutional 90 days within which they were to have a bi-election has long lapsed.

    The mistrust between the political divides saw their battle over IEBC’s reconstitution in and out of court with eventual preference for dialogue.

    This latest option portended a deal struck in the report of the national dialogue committee presented to President William Ruto and opposition leader Raila Odinga on Friday.

    The bipartisan report recommends an amendment to the IEBC Act, of 2011 to reconstitute the selection panel increasing it from the current seven to nine members to accommodate a wide spectrum of stakeholders and interest groups such as the Law Society of Kenya.

    To avoid a similar pitfall in future Mandera North MP Bashir Abdullahi is proposing that the IEBC CEO be empowered to conduct by-elections when the commission is not properly constituted.

    Besides the February High court orders to the Nelson Makanda-led IEBC selection panel to immediately recruit the new commission within 90 days, the next constituencies and wards boundaries review ought to be undertaken and completed by this month.