Bomachoge was preparing for a by-election even as the incumbent member of Parliament expressed surprise that his seat had been declared vacant despite a pending case in court. The announcement by National Assembly Speaker Kenneth Marende came as a shock to Mr Joel Onyancha, the former holder, and his supporters.

However, other parties welcomed the announcement, saying it was long overdue. Mr Onyancha lost a petition on December 19, last year at the Kisii High Court. The petition was filed by Mr Simon Ogari and Mr Zephaniah Nyangw’ara, who lost against Mr Onyancha in 2007.  Mr Justice Daniel Musinga declared the election of Mr Onyancha null and void following a flawed process by the Electoral Commission of Kenya.

Mr Onyancha received the news while in the convoy of President Kibaki, who was touring the area. The former MP said his appeal was scheduled to be heard in Kisumu on March 26. “I wonder how the Speaker could declare my seat vacant while the case is still pending in court,” he said. However, he added that the Speaker had acted within his powers.  Mr Ogari said his lawyers had given a seven-day notice to the Speaker to declare the seat vacant or face court action.

Free and fair

He added that the constituents were eager for the by-election to pick their leader through a fair and free process. Mr Joash Maangi, a Nairobi lawyer eyeing the seat, welcomed Mr Marende’s move.  Mr Albert Nyaundi, who lost in the 2007 election, accused the government of breaking the law by continuing to recognise Mr Onyancha as MP even after the court had nullified his election.