Residents of Korogocho ward, Nairobi, may have to live without representation in the county assembly until after the August 9 elections following the death of their MCA.
There has been no word on whether the vacant ward representative seat will be filled through a by-election.
The seat fell vacant in late December when area MCA Naftali Ogola Owuor died after a long illness.
But more than a month later, there has been no communication on whether there will be a mini poll to fill it
Under the Constitution, when a vacancy arises, the assembly Speaker is supposed to issue a notice in writing within 21 days to the Independent Electoral and Boundaries Commission (IEBC) and the political party of the previous holder of the seat.
The IEBC would then set in motion preparations for a by-election by gazetting a date and subsequently conducting the election within 90 days.
Reached for comment on the matter, Nairobi County Assembly Speaker Benson Mutura said he will formally write to the IEBC about the vacancy when ward reps return from recess.
The House adjourned for a long recess on December 2 and is set to resume normal business today (Tuesday).
“We are supposed to write to the IEBC but we are still in recess. We will, however, do so once the assembly resumes sittings and then IEBC will be the ones to advise because … elections (are) their mandate,” said Mr Mutura.
Nonetheless, the former Makadara MP said any by-election could be time-barred due to the time remaining before the August General Election.
This, he explained, is because when there is a by-election, the IEBC is expected to seal the voter register, which is not possible as preparations are underway for the August elections.
But the Constitution states that such a vacancy cannot be filled within the three months before a General Election.
“Being an electioneering year, it could be tricky due to the preparation for the General Election in terms of cleaning the register, new registration,” he said.
Mr Owuor, who died at 61, was elected in 2017 on an Orange Democratic Movement party ticket.
He was buried last month and was eulogised by Governor Ann Kananu as one of the most forward-thinking and hardworking MCAs.
Majority Leader Abdi Guyo remembered Mr Owuor as a hardworking and charismatic leader whose personality always stood out among members. BY DAILY NATION