IEBC uncertainty throws by-elections aspirants in suspense

Concerns raised if the secretariat can hold by-elections without a commission in place

In Summary
  • Voters in Banissa and Magarini Constituencies are expected to participate in by-elections.
  • By-elections are also expected in Lugari ward after the High Court nullified Grey Moi's election.
IEBC CEO Hussein Marjan
IEBC CEO Hussein Marjan
Image: FILE

Political aspirants eyeing seats in anticipated by-elections have been thrown into suspense without a fully-constituted electoral agency.

Some have warned that the delayed reconstitution of the Independent Electoral and Boundaries Commission is hurting voters.

Voters in Banissa and Magarini Constituencies are expected to participate in by-elections.

By-elections are also expected in the Lugari ward after the High Court nullified Grey Moi's win.

In Kakamega, Kisa East MCA Stephen Maloba was stabbed to death.

MP Harrison Garama Kombe's election as Magarini MP was quashed by the High Court following an election petition. 

Banisa Member of Parliament, Kullow Maalim Hassan of UDM, passed away after a hit-and-run accident in Nairobi in March.

However, there is no IEBC commission currently as three commissioners including chairman Wafula Chebukati, Abdi Guliye and Boya Molu retired.

The others Francis Wanderi, Justus Nyang'aya and Juliana Cherera resigned while Irene Masit was kicked out by a constitutional tribunal.

The IEBC Chief Executive Officer Hussein Marjan is in charge at the Anniversary Towers.

There have been concerns if the secretariat can hold by-elections without a commission being in place.

The commission makes key decisions including procurement of ballot papers.

On April 18, National Assembly Moses Wetang'ula declared the Banissa constituency seat vacant setting the stage for a by-election.

The constitution mandates the Speaker to issue in writing a declaration of a vacancy in a constituency within 21 days of the occurrence of a vacancy by giving a notice in writing to IEBC.

The move paved the way for the electoral commission to conduct the by-election in the electoral area within 90 days of the occurrence of the vacancy.

Aspirants eyeing the Magarini parliamentary seat are demanding the speedy reconstitution of the IEBC to facilitate a by-election.

Justice Alfred Mabeya nullified Kombe's win on March 3, over irregularities concerns including ballot stuffing and exchange of votes during the August 9, 2022 poll.

Former Adu ward MCA and United Democratic Alliance (UDA) aspirant Stanley Karisa Kenga who emerged second in the polls filed the petition.

Already aspirants for the yet-to-be-declared vacant seat by Wetang'ula have started early campaigns.

Renson Kambi who defended his sit for the Marafa ward rep but lost said that the slow pace in reconstituting the electoral body was creating suspense.

The former MCA is set to battle for the Pamoja African Alliance (PAA) ticket with former Magarini MP and brother to Senate Speaker Amason Kingi, Michael Thoya Kingi.

“There is a likelihood that IEBC might be reconstituted by August this year so that a date for the by-election can be set so that we go back to the people in a by-election. I know there will be tension in our party PAA but we are confident that the ticket will be handed to me,” he said.

Kombe who vied on an ODM ticket was declared the winner after garnering 11,946 votes against Kenga of UDA who got 11,925 votes, a difference of 21 votes.

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