Kilifi county assembly speaker Jimmy Kahindi on Wednesday declared Ganda ward seat vacant.
This is after the high court in Mombasa nullified the election of Abdulrahman Mohamed Omar. The ruling was delivered in March.
Joseph Kiponda of Jubilee party and Reuben Katana of Kadu Asili moved to court to challenge the election of Mohamed. The two were candidates for the Ganda ward during the 2017 general election
While making the announcement the Speaker directed that all privileges and responsibilities of the former MCA be withdrawn from the assembly.
“I declare that Hon Mohamed ceases to be a member of the county assembly, all privileges are withdrawn, I wish him all the best,’’ he said.
Kahindi is expected to formally write to the IEBC to set a date for the by election within 90 days.
The court said failure by the returning officer to declare results on Form 36A is grave and fatal.
The judge said the failure offended article 36 of the constitution and made the election not fair and transparent.