Unease as Banissa Constituency Goes for 1 Year Without MP

Legislators inside the Parliament of Kenya.
Legislators inside the Parliament of Kenya.
Photo
Parliament of Kenya

A section of North Eastern politicians want the government to fastrack the reconstruction of the Independent Electoral and Boundaries Commission (IEBC) to pave the way for a by-election at Banissa Constituency. 

The local leaders lamented that the constituency had clocked a year without a member of parliament after the death of Kulow Maalim Hassan in March last year. 

Mandera Senator Ali Roba, while speaking at a presser on February 8, in his county, claimed that the unavailability of IEBC officials has derailed development in several parts of the country including Banissa. 

"One year now, Banissa constituency has no representation in terms of parliamentary representation," Roba stated. 

Mandera County Senator Ali Roba.
Mandera County Senator Ali Roba.
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ALI ROBA

He further alleged that the constituency members' agendas and needs were not addressed in the last year as they lacked representation on the national platform. The legislators called for quick intervention ahead of Parliament reconvening on Tuesday, February 13.

"The people are suffering because their leadership is lacking and am aware of people in different wards who are suffering the same fate," Roba commented.

Former Banissa Member of Parliament (MP) Kulow Maalim Hassan passed away on March 29, after sustaining injuries in a motorbike accident.

Hassan was rushed to Aga Khan Hospital where doctors ascertained that he had died as a victim of a hit-and-run incident in Nairobi's South B Estate. As per his religion and culture, the lawmaker was laid to rest on the same day, at Langata Cemetery.

In April last year, National Assembly Moses Wetangula declared a vacancy in the Banissa constituency seat, paving the way for a by-election. However, IEBC is yet to be fully reconstituted after key members including the term of former chairperson Wafula Chebukati ended, while his deputy Juliana Cherera and other top commissioners resigned.

IEBC Debacle 

On February 27, 2023, President Ruto gazetted a seven-member selection panel to recruit new IEBC commissioners. These were Bethuel Sugut, Novince Euralia Atieno, Charity S. Kisotu, Evans Misati James, Benson Ngugi Njeri, Nelson Makanda and Fatuma Saman.

However, the opposition led by former Prime Minister Raila Odinga opposed the process, arguing that Ruto had captured the commission and was setting the stage for his re-election in 2027. 

Reconstruction of the IEBC thus became a key and contentious issue discussed by the National Dialogue Committee (NADCO) also known as the bipartisan committee, selected by Ruto and Raila in their efforts to seek a truce. 

The late Banissa Member of Parliament Kulow Maalim.
The late Banissa Member of Parliament Kulow Maalim.
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Parliament of Kenya

NADCO recommended the establishment of an expanded selection panel from the 7-member initially appointed by Ruto to one with nine officials. 

High Court Ruling 

High Court Judge Mugure Thande on February 1 this year ordered the recruitment of new IEBC Commissioners to commence immediately.

Thande warned that a political truce between Ruto and Raila cannot bypass the Constitution.

Constitutional lawyers had warned that the county risked plunging into a crisis as IEBC was behind schedule in the delimitation of boundaries.

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