Abdikadir Hussein will continue to serve as Lagdera Member of Parliament for the foreseeable future despite Meru High Court nullifying his election on Friday, March 3.
The Orange Democratic Movement (ODM) MP got a respite after obtaining a stay order on grounds that Independent Electoral and Boundaries Commission (IEBC) was not quorate to conduct any By-election.
Through his lawyers, the Lagdera Member of Parliament argued that his constituents would significantly be deprived of their right to representation for a long time.
"We are glad to note that we already have a stay order but the fight for our people must continue to the Court of Appeal as soon as possible," Hussein revealed.
In response to his prayers, Tripsisa Wamae granted a stay order that allowed Hussein to continue serving as MP.
While sitting in Meru, Justice Wamae agreed with the applicant, noting that the process for recruiting IEBC commissioners may take too long.
In the judgement that was delivered online, Justice Wamae granted Hussein the chance to continue being MP even as other processes carry on.
Appearing in a press conference shortly after getting the stay order, Hussein instructed his lawyers to expeditiously appeal the High Court ruling that nullified his election.
However, the Lagdera MP faulted the High Court for not putting into consideration all facets of his defence when delivering the judgement.
On the other hand, President William Ruto appointed a seven-member selection panel to recruit nominees for the chairperson and members of the IEBC on Monday, February 27, 2023.
In Gazette Notice dated February 27 2023, President Ruto appointed Bethuel Sugut, Novince Euralia Atieno, Charity S. Kisotu, Evans Misati James, Benson Ngugi Njeri, Nelson Makanda, and Fatuma Saman to the selection panel.
The selection panel that was sworn in on Thursday, March 2, 2023, was immediately granted powers to invite applications from qualified persons for nomination as chairperson and members of the IEBC.
It is then expected to publish shortlisted candidates who will then be subjected to interviews before the panel could select three persons qualified to be appointed as chairperson and select nine persons qualified to be appointed as members.
IEBC Act requires the selection panel to forward the names of the candidates to the President for appointment nomination.
The Head of State is then required to forward the names to the National Assembly for approval within seven days of receipt.
The Law demands that the National Assembly must then send back the names of the nominee to the President who will finally gazette them.
