Ugenya MP aspirant Daniel Juma is fighting on in his bid to get the ODM ticket for the by-election.
On Monday, Juma said the party has not replied to his letter requesting nomination.
â€ś(Party leader) Raila (Odinga) is a democratic leader and I donâ€™t think he will allow anyone to gag members based on selfish interests,â€ť he said.
The seat fell vacant after the apex court upheld the Court of Appealâ€™s ruling which nullified Chris Karanâ€™s win in the August 2017 vote.
It was argued that the election was not free and fair.
Independent candidate David Ochiengâ€™ had filed a petition citing irregularities.
Juma said he will not buy into â€śroadside declarationsâ€ť that there will be no nominations and that Karan will get a direct ticket.
Earlier, Raila had hinted while at Siaya Senator James Orengoâ€™s home that Karan would remain the candidate.
But Juma said he will not lose hope because no official party statement has been issued.
â€śIâ€™m still waiting for official communication from the ODM elections board that I officially addressed,â€ť he said.
Ugunja MP Opiyo Wandayi, who is the ODM secretary of political affairs, has said Karan is the partyâ€™s candidate.
â€śI am a life member of ODM and I am not intending to use any other party in the Ugenya by-election apart from ODM,â€ť Juma said.
Wandayi had advised that any aspirant interested to be the Ugenya MP using ODM party should wait for 2022 general elections.
So far the Ugenya constituency seat has attracted three aspirants: Juma, Karan and Ochieng.
During a meet the people tour during the weekend, Karan dismissed call for nominations, saying the petitioner contested his win, not his ODM candidacy.