ODM leader Raila Odinga's relationship with ANC boss Musalia Mudavadi will be tested during a mini poll in Kilifi County.
On Monday, Kilifi Speaker Jimmy Kahindi declared Dabaso ward seat vacant after months of a court battle which came to an end last week.
High Court had nullified Dabaso MCA Emmanuel Changawa's victory, a move that has been under reviews for months now.
The move followed a successful appeal by Amani National Congress (ANC) candidate Dickson Karani.
Karani had moved to court seeking to have Changawa’s win overturn but lost before launching an appeal.
Judge Weldon Korir had ruled that the election was marred with irregularities and cited documented evidence which he said was ignored by the lower court.
“The evidence that was brought before this court was enough to nullify the election,” he said.
ODM party lawyer Tony Moturi on Tuesday told Hivisasa the party is waiting for communication from the Independent Electoral and Boundaries Commission (IEBC) to set a date.
He said the party will pitch tent at the ward just like in Ganda, adding that all other parties are free to field candidates since 'it's there Democratic right'.
"We are aware the seat was declared vacant. We shall be going for it when IEBC announces the dates. Everyone else is free to contest," he said.
Mudavadi campaigned for Eliud Owalo in Kibra by-election. The ANC leader is likely to campaign for Mr Karani who successfully appealed the polls.