Wetang’ula declares Banissa constituency seat vacant 3 weeks after MP’s death
By Martin Oduor, April 21, 2023
National Assembly Speaker Moses Wetang’ula declared a vacancy in the Banissa constituency seat paving way for a by-election.
The constitution mandates the Speaker to issue writs declaring a vacancy in a constituency within 21 days of the occurrence of a vacancy by giving a notice in writing to the Independent Electoral and Boundaries Commission (IEBC).
“Pursuant to Articles 101 (4) (a) and 103 (1) (a) of the Constitution as read with section 16 (3) of the Elections Act, 2011, it is notified for the general information of the public that the seat of the member of the National Assembly for Banissa Constituency elected under Article 97 (1) (a) of the Constitution has become vacant with effect from the 29th March 2023,” the Gazette notice dated April 20, 2023, reads in part.
The move now paves way for IEBC to conduct the by-election in the Banissa constituency within 90 days.
Kulow’s death
The vacancy in the Banissa constituency emerged following the sudden death of the immediate Member of Parliament (MP) Kulow Hassan.
Hassan died on March 28, 2023, while receiving treatment at Aga Khan Hospital in Nairobi County.
The late MP was hit by a motorbike on March 25, 2023, at around 10:22 pm on Daidai Road along South B.
The boda boda rider who hit the late MP fled the scene of the accident but police ultimately arrested him. His case is ongoing in court where he has been charged with several traffic offences.