• Court declared election void, unfair and not transparent as Form 36A was not filled in, calling it a "grave and fatal" mistake.
• IEBC to set a date after speaker declares seat vacant .
ODM has suffered a setback after the Kilifi assembly ordered the Ganda ward seat vacant.
The declaration followed a court order that nullified the election of ODM's Abdulrahman Mohamed Omar.
Kilifi assembly Speaker Jimmy Kahindi officially declared the seat vacant on Wednesday afternoon.
Residents of Ganda ward in Malindi constituency will go for a by-election within 90 days.
“I declare that Hon Mohamed ceases to be a member of the county assembly, all privileges are withdrawn, I wish him all the best,’’ he said.
The speaker said he would write to the IEBC to set a date for the by-election.
The High Court served the assembly with a certificate declaring the election of the Ganda MCA null and void.
In March the High Court in Mombasa nullified the election and said failure by the returning officer to declare the results on Form 36A is "grave and fatal".
Joseph 'Gioseppe' Kiponda of the Jubilee party and Reuben Katana of Kadu Asili challenged Omar's election.
The three will face each other in the by-election though other contestants are expected.
The poll will be a test for ODM after it expelled Malindi MP Aisha Jumwa who is unlikely to back the party in the by-election.
Omar told the Star he was ready for the by-election and had "no problem at all".
“I am in ODM and will defend my seat in the same party, it hasn't disowned me and I have a right to seek reelection with ODM,” he said.
Last month, ODM lost both the Ugenya and Embakasi South by-elections.
In Wajir West, the ODM candidate withdrew from the by-election and supported the Jubilee candidate who won.
(Edited by V. Graham)