A city advocate wants the court to order the IEBC selection panel to fast-track the recruitment of the chair and commissioners in order to allow the Banissa By-elections to be held.
Lawyer Adrian Kamotho has claimed the current lack of quorum at IEBC had deprived the people of Banissa an MP.
Bannisa Constituency seat fell vacant following the death of their MP late Kullow Maalim Hassan who died in an accident in March this year.
Since then, there has been no by-elections due to the lack of quorum as there is no chair or commissioners to oversee an election.
In court papers, Kamotho says the rights of the people Banissa have been violated and the by-elections should be conducted as soon as possible.
He also wants the court to declare that the National Assembly is not properly constituted to transact business in the absence of the Banissa Member of Parliament.
“An Order be and is hereby issued, directing the 3rd Respondent to within 14 days submit to His Excellency the President, the names of two persons qualified to be appointed as chairperson, and nine persons qualified to be appointed as members of the Independent Electoral and Boundaries Commission for transmission to the National Assembly,” reads court papers.
Kamotho argues that more than six months after their appointment, the selection panel has gone quiet and is yet to submit the names of persons qualified to be appointed as chair and members of the commissions to the president.
In July IEBC CEO Hussein Marjan said the commission was unable to carry out by-elections due to the lack of quorum.
The commission has been without quorum since January following the retirement and resignation of commissioners.
According to sources, the process to replace the commissioners has stalled due to a political standoff between President William Ruto and Azimio leader Raila Odinga.
