Khalwale's election was nullified by the High Court at Kakamega on February 18 because of election irregularities. Justice Isaac Lenaola ruled that the 2007 Ikolomani parliamentary election was not carried out freely, fairly and in accordance with the law.
The petition to nullify the election was filed by Bernard Shinali who was number two in 2007 elections. Khalwale, of New Ford-Kenya, became the ninth MP in the Tenth Parliament to lose his seat in a petition.
Marende’s declaration clears the way for the Interim Independent Electoral Commission to announce a date for a by-election. The IIEC is at present preparing a by-election for the Kamukunji seat to be held on May 23.
The Ikolomani by-election is expected to be supremacy test between PNU and ODM in the lead up to the 2012 general elections. MPs from Western Province who are allied to PNU will most likely support Khalwale.
On the other hand, the ODM whose point man in the region is Deputy Prime Minister Musalia Mudavadi, has indicated that it will support the petitioner Shinali.
Shinali vied for the seat in the 2007 elections on the little known Liberal Democratic Movement party and emerged second. He switched to ODM recently. Khalwale has already hit the ground to campaign for his re-election.
Narc Kenya headed by Gichugu MP Martha Karua has indicated that it will not field a candidate. Karua and Khalwale had working closely in Parliament where they informally acted as leaders of the opposition.
KADDU chaired by Lugari MP Cyrus Jirongo will also not not field a candidate but will back Khalwale. It remains to be seen if PNU bigwigs, some of whom Khalwale has previously clashed with will campaign for him. Khalwale's New Ford Kenya is an affiliate of PNU.
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