The Independent Electoral and Boundaries Commission (IEBC) returning officer in Malava constituency has disputed the withdrawal of Edgar Busiega, the Democracy for Citizens’ Party (DCP) candidate in the upcoming by-elections.
In his communication issued on Wednesday, November 5, Salim Abdalla, the returning officer, revealed that Busiega had not followed due process, thus still making him a contestant in the race.
In the new twist, Abdalla further disclosed that his office did not receive an official notice from DCP or Busiega confirming his withdrawal, noting that failure to provide it would result in Busiega appearing on the ballot on November 27.
This is despite an announcement by DCP to withdraw its candidate in favour of Seth Panyako, the Democratic Action Party-Kenya (DAP-K) aspirant, to ensure that the United Opposition backs one candidate.
The development was revealed on October 30, with DAP-K expressing confidence that Panyako would clinch the seat. Panyako had been handed a direct ticket by Eugene Wamalwa, the party leader of DAP-K.
"Wakili Edgar Busiega Mwanga, who was vying for the Malava Constituency parliamentary seat on DCP, has officially stepped down and backed DAP-K candidate Seth Panyako. As the United Opposition, we now have one candidate in the upcoming by-election," the statement read.
At the time, DAP-K party leader Eugene Wamalwa expressed optimism in his candidate, stating, "We will be sharing this report with the people of Malava today; we have no doubt that it will emerge that Seth Panyako is the sure bet. If anyone wants to defy the agreement of the joint opposition resolution, then the results will still be reflected on the ballot on November 27th."
In Kenya, a candidate withdrawing from a by-election must submit a written notice of withdrawal to the returning officer at least three days before the election date. The withdrawal is valid only once acknowledged by the IEBC.
The withdrawal notice must be signed by the candidate and accompanied by their national identification card or passport for verification. Once accepted, IEBC officially records and gazettes the withdrawal.
The Malava parliamentary seat was declared vacant following the passing of Moses Malulu Injendi, who passed away on February 17 after weeks of hospitalisation.
A number of candidates are set to battle it out for the seat, including UDA candidate David Ndakwa, who is arguably Panyako's biggest competition. Ndakwa will receive the support of ODM, which revealed it would throw its weight behind him in the spirit of the broad-based arrangement.
Also in the race are Caleb Sunguti, representing the Roots Party, and Joab Manyasi from the Democratic National Alliance (DNA).
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