Why you should not miss an elected representative

MP Ballot box during the IEBC National Election Conference at Kenyatta International Conference Centre (KICC) on July 12th, 2022. [File, Standard] Six constituencies and 15 wards have been without representation for a longer period than the constitutionally stipulated time frame. Banisa Constituency in Mandera County, for example, has been without an MP for more than two years after the area lawmaker passed away in March 2023. Others, including Magarini, Ugunja, Malava, Mbeere North, and Kasipul constituencies, alongside 15 wards as well as the Baringo senatorial seat, have been left vacant for months. Under Article 95 of the Constitution, an MP serves a crucial role in articulating their constituents' issues, and lack of representation creates a power vacuum that has far-reaching social, political, and economic consequences. The lawmaker serves as a bridge between the national government and the people, with their absence disrupting essential services, development initiatives, and representation. Last year, Banisa constituents took to the streets, decrying the lack of representation in the National Assembly. "Most of our children are unable to join colleges and universities due to lack of funds, as the only alternative source of fees, the bursary funds, are not in place," said Banisa Ward MCA Issack Dahir. "Last year, we were adversely affected by El Nino rains, but there was no one to table our plea in Parliament. We want a representative in the National Assembly," he added. The law requires that after an elective seat is declared vacant, the Independent Electoral and Boundaries Commission (IEBC) conducts a by-election within 90 days. However, the delay in ensuring voters are represented as required by law was occasioned by the lack of a properly constituted IEBC after the retirement of commissioners, including former chairman, the late Wafula Chebukati. Constitutional lawyer Bobby Mkangi described the lack of representation as a grave violation of people's rights. He expressed shock over the absurdity of the lack of voice in legislative debates, budget discussions, and key national decisions-challenges that come with failure of representation. "There's been grave abuse of those citizens' rights in terms of their sovereignty, as per Articles 1 and 2, in terms of their place in the democratic republic, evolved democratic space, and also in the decision and law-making process of the country," he told The Standard on the phone. He said the community's interests-including infrastructure needs, education, health, or agriculture-go unheard, leaving constituents without an advocate during critical votes or policy formulation. At the same time, MPs oversee the use of the National Government Constituencies Development Fund (NG-CDF), which finances projects like classroom construction and bursaries for needy students. Without an MP who guides and supervises the NG-CDF committees, many of these projects stall or never get off the ground. The ripple effect can be seen in school dropouts and generally weakened service delivery. The legislators are also responsible for coordinating disaster response in times of emergencies, with voters feeling abandoned, unheard, and politically disenfranchised-crippling trust in government. Mr Mkangi noted that the delayed by-elections did not happen because of legal gaps in the Constitution, but due to selfish decisions by the political class who disregard the interests of the people.

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