There has been a petition filed asking the court to rule that the National Assembly is not legitimately constituted.

The petition claims that the National Assembly cannot conduct business if the Banissa Constituency does not have a member of parliament.

Through his attorney Adrian Kamotho, petitioner Brian Higgins Mbugua claims that, in violation of Articles 94 and 95 of the Constitution, the people of Banissa Constituency were denied the right to elect a representative to represent their interests in the National Assembly because the Respondents failed to conduct the by election within the required time frames.

He is now requesting that the court rule that the National Assembly is not properly constituted because of this.

Mbugua contends that the Respondents have breached the terms of Article 101 (4) (b) of the Constitution by failing to hold by-elections for the office of Member of Parliament in the Banissa Constituency, Mandera County, within the allotted 90-day period.

The Independent Electoral and Boundaries Commission (IEBC) must hold by-elections for Banissa MP within 30 days, according to another request he made to the court.