The Speaker of the Kilifi County Assembly Jimmy Kahindi yesterday declared the Ganda Ward seat vacant after the court of appeal nullified the election of Ward Representative Abdulrahman Omar.
Omar is a close ally of controversial Malindi MP Aisha Jumwa. Following the nullification, only one other MCA supports Jumwa out of 54 elected and nominated MCAs in Kilifi. Ganda ward is within Malindi Constituency where the MP has fallen out with majority of the MCAs.
It is unclear whether Abdulrahman will seek reelection and on what party.
Kahindi made the announcement at the assembly hall in Malindi on Wednesday after receiving a certificate from the Court of Appeal served at the assembly last week that nullified Omar’s election.
The courts had declared that the election was marred with irregularities and that it was null and void.
“I therefore declare that Honourable Omar ceases being a member of this house and MCA of Ganda Ward and I also withdraw all the privileges and responsibilities conferred to him by the assembly,” said Kahindi.
Last month, the Court of Appeal nullified the election of Omar who vied on an ODM ticket and ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election in accordance with the law.
The three bench judge said that failure by the returning officer to declare results on Form 36A was grave and fatal.
“It offended Article 36 of the Constitution and made the election not be fair and transparent,” said the three bench judge.
Following the declaration by the speaker, the IEBC will now have to prepare for fresh election within 90 days.
Omar’s election was successfully challenged by his competitors Joseph Kiponda alias Joseppe of Jubilee Party and Mr Ruben Katana of Kadu Asili Party that led to the nullification of his election by a Malindi magistrate court.
Omar then challenged the lower court ruling at the Malindi High Court but was shocked after the judge upheld the lower court ruling and he proceeded to the court of appeal where he was again embarrassed.
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Jimmy KahindiGanda WardAbdulrahman OmarAisha JumwaCourt of Appeal