A debate has emerged over the delay in initiating a by-election in Ol Kalou Constituency following the death of Member of Parliament David Njuguna Kiaraho, with city lawyer Ndegwa Njiru questioning whether constitutional timelines have been breached.
Njiru has raised concern over the absence of a formal notice from National Assembly Speaker Moses Wetang’ula to the Independent Electoral and Boundaries Commission (IEBC), which is required to trigger the electoral process.
“Why is Mr. Wetangula not issuing the writ declaring a vacancy in Ol’ Kalau constituency?” Njiru posed.
He cited Article 101(4)(b) of the Constitution, which requires the Speaker to notify the electoral body within 21 days whenever a vacancy occurs in the National Assembly.
Njiru argued that the time limit has already lapsed since the death of the late MP, and questioned the continued delay in issuing the required notice.
Article 101(4)(b) provides that whenever a vacancy occurs in the office of a Member of the National Assembly, the Speaker shall, within twenty-one days, notify the IEBC in writing of the vacancy, he stated.
He further claimed that more than 26 days have passed since Kiaraho’s death, adding that the delay places the Speaker in breach of constitutional provisions.
“Going by the facts that it’s now 26 days since Hon. Kiaraho died, Mr. Wetang’ula is already in violation of the Constitution,” Njiru said.
The remarks have now placed renewed focus on the legal timelines governing parliamentary vacancies, particularly in cases arising from death of an MP.
Under the law, once the Speaker notifies the IEBC, the commission is required to conduct a by-election within 90 days to fill the vacant seat and restore representation to the constituency.
The delay in Ol Kalou now sets the stage for increased scrutiny on Parliament’s compliance with constitutional deadlines, as political attention shifts to the expected by-election process.