National Assembly Speaker Kenneth Marende has issued writs formally declaring the South Mugirango seat vacant, effectively putting paid to Mr Omingo Magara's spirited fight to retain his seat.

Mr Magara had gone to the Court of Appeal seeking to have the Speaker blocked from declaring the seat vacant after his election as MP was nullified by a petition court. Mr Marende's order, through a Gazette notice, now gives the Interim Independent Electoral Commission (IIEC) the green light to conduct a by-election.

90 days

The IIEC must conduct a by-election within the next 90 days. This means that South Mugirango will have a new MP by the end of April.

The by-election is highly anticipated on the political scene as it is expected to pit allies of Prime Minister Raila Odinga against those of Agriculture minister William Ruto, who have been engaged in factional feuds within ODM. Mr Magara has been seen as sympathetic to Mr Ruto.

Before the by-election is held, the IIEC will have to register voters afresh, like it did in Shinyalu and Bomachoge constituencies last year. IIEC chairman Issack Hassan said the commission will start preparations for the by-election once it receives the letter from the Speaker.

"I have not received the Speaker's letter and, once I receive it, preparations for the by-election will start. We will recruit staff and order the ballot papers," Mr Hassan told the Sunday Nation.

He said the commission will use the first 30 days to build the voters' registry for the constituency. The former Trade assistant minister had argued in his appeal that unless it was heard urgently, Mr Marende would declare the seat vacant. Justice Daniel Musinga, in nullifying Mr Magara's election on December 17, accused the presiding officers of failing to sign Form 16As, which certify election results valid.

The judge also said it was impossible to know who was in charge of the election and who ensured the accountability of the ballot papers at the polling stations. But Mr Magara accused the judge of nullifying the election on grounds that were not pleaded by Mr Manson Oyongo, the petitioner in the case. He further said, through his lawyer Katwa Kigen, that a recount had confirmed him the winner, but the judge ignored it and still nullified his election.

Mr Magara said the judge contradicted himself when he made a finding that there was no bribery, intimidation of voters, voting by dead persons and influencing the employment of electoral staff as had been alleged by Mr Oyongo.

Cancel certificateHe therefore sought that the highest court in the land cancel a certificate nullifying his election and the Speaker barred from declaring the seat vacant. There have been demonstrations in Kisii to demand that the by-election be held immediately.

Mr Oyongo has also said that he would be seeking legal interpretation on why the IIEC had been allowed so much time to conduct the by-election. "Our people have suffered without an MP and we cannot afford to wait for three months," he was quoted as saying in the press recently.

But Mr Magara expressed optimism that he would recapture his seat. "I invite all my challengers to come on board for a fair contest. I believe I will beat them hands down," he said.