A petition has been filed at the Milimani Law Courts seeking to compel the electoral body to conduct by-elections for Banissa Constituency within 30 days.
The seat fell vacant in March last year after the area MP Kulow Hassan died in an accident.
Since then the constituency has been running without an MP.
Peter Agoro, Anthony Murimi Wachira and Augustine Muthui who have filed the matter in court state that further delays in conducting the by-election will cause distress among constituents.
They have faulted the IEBC for failing to conduct the by-election within the stipulated 90-day timeline.
"The people of Banissa Constituency have been deprived of, a person of their choice to represent their interests in the national assembly in line with the constitution," they said.
On April 21 National Assembly Speaker Moses Wetang'ula declared a vacancy in the Banissa constituency seat paving way for a by-election.
Article 101 of the Constitution, provides that a by-election ought to have been held within ninety (90) days of the occurrence of the vacancy in the said office.
"The seat remains vacant. In the absence of a Member of Parliament for Banissa Constituency, then the National Assembly cannot transact business as its unconstitutionally constituted," the trio said.
The petitioners said the National Assembly has violated the two thirds gender rule and other constitutional provisions which secure affirmative action aimed at reducing gender imbalances in leadership positions
Based on these issues the trio has asked the court to declare that Parliament is illegal and unconstitutional as currently constituted.
Also sought is an order restraining the National Assembly from undertaking any further constitutionally mandated activities pending the determination of the case in court.
