A petition has been lodged with the intention of having the court officially state that the National Assembly lacks proper formation. The petition contends that without a Member of Parliament representing Banissa Constituency, the National Assembly is unable to carry out its activities. The petitioner, Brian Higgins Mbugua, represented by lawyer Adrian Kamotho, asserts that due to the Respondents’ failure to hold a by-election within the required timeframe, the people of Banissa Constituency have been denied their chosen representative in the National Assembly, as outlined in Articles 94 and 95 of the Constitution. Consequently, Mbugua is now requesting the court to declare the National Assembly as improperly constituted.

Mbugua argues that the Respondents have not adhered to the mandated 90-day timeline to conduct a by-election for the Banissa Constituency Member of Parliament position in Mandera County. This failure, according to him, constitutes a violation of Article 101 (4) (b) of the Constitution. Additionally, he seeks a court order instructing the Independent Electoral and Boundaries Commission (IEBC) to organize the by-election for the Banissa MP within the next 30 days.

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