At the Bahai market center in Kimilili Constituency, Bungoma County, bodaboda riders are having a hot discussion about whether their MP, Didmus Barasa, who has been elected for a second term, will still hold office despite murder charges facing him.
Mr. Barasa is still in police custody fighting a case in which he is accused of killing his opponent’s aide on election day, Tuesday, August 9, 2022, by shooting.
Didmus Barasa and Brian Khaemba, the MP’s opponent, will now face off in court even after Mr. Barasa trounced him in the Kimilili parliamentary seat election.
Barasa won the seat after getting 26.861 votes against Khaemba’s 9,497 votes, but some residents in Kimilili Constituency wanted Didmus’ win withheld by the IEBC following the murder case.
If found guilty of the charges, however, the seat will remain vacant until a fresh case is filed in court on the basis of integrity for the court to determine whether Didmus abused his office.
If the MP is found killed and sentenced, the seat will automatically fall vacant as per Chapter Eight, Part Two, Article 1(b) of the Constitution.
Upon the seat falling vacant, the Speaker of the National Assembly is required to give notice in writing to the IEBC within 21 days.
A by-election will then be held within 90 days after the vacancy is declared.
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