IEBC counts losses as candidates cry foul over cancelled by-elections

By Stephen Makabila and Kenan Miruka

The suspension of by-elections in Lamu, Lunga-Lunga and Nyaribari Chache has left the Independent Electoral and Boundary Commission (IEBC) and candidates reeling in heavy financial losses.

The Court of Appeal reinstated Dr Issa Abdalla Tammy as the Governor of Lamu, leading to suspension of a by-election that had been planned for December 2. In addition, the Court of Appeal, sitting in Kisumu, suspended the nullification of the election of Dr Chris Bichage as Nyaibari Chache MP, compelling the IEBC to suspend the by-election scheduled for December 19.

In Lunga Lunga, the appellate court up held the win of Ford Kenya’s Khatib Mwashetani, thereby surrendering what the pundits called “a royal re-match” between him and Omar Zonga of URP.

IEBC Vice-Chair Lilian Mahiri Saja said the commission had spent millions on recruitment and training of staff, transport of election materials and booking tallying halls.

She said the commission had allocated Sh400 million for all the by-elections. In Nyaribari-Chache, candidates who had braced for campaigns ahead of the poll initially slated for December 19 say they have suffered losses in terms of financial resources and time spent in preparations.  The Court of Appeal sitting in Kisumu ordered a stay of the mini-poll pending the determination of an appeal lodged by Bichage. Area Returning Officer Robert Ngeny said the commission had officially communicated to all candidates about the suspension of all preparations for the poll initially slated for December 19.

No campaigns

“We have communicated officially to all candidates that they should not be found engaging in any form of campaigns. The law is very clear and as a commission, we have to obey it,” said Ngeny.

Commissioner Abdullahi Sharawe who was overseeing the Nyaribari Chache by election preparations said the commission was yet to print ballot papers, and thus only the timelines would be affected.

Candidates Ken Omanga (Kanu), Richard Tongi (Ford People) and Rael Otundo (Narc-K) lamented they had incurred losses with the suspension of the poll

“Something is amiss in Government when two institutions give conflicting positions. IEBC cleared us signalling the start of campaigns for this seat before the Judiciary threw a spanner into the works. Now we don’t know whether to proceed with campaigns,” said Otundo.

Omanga says that the court directive was ill-timed as it came when preparations were at an advanced stage and the electorate was already in the campaign mood.

“This is like stopping a race when athletes are waiting for the signal to start. It leaves spectators and participants in the race puzzled,” says Omanga.

Tongi, who challenged Bichage’s win, says much as it is imperative to obey the court directive, the reality was that candidates had spent energy, time and money preparing for the by-election.

“My belief is that we shall go to the ballot,” says Tongi.

But campaigns are in progress in Bomachoge-Borabu where voting will be on December 19, although they are low-key.

The seat fell vacant following a successful petition filed by poll losers Peter Kimori (ODM) and Albert Nyaundi (Ford People) where the High Court in Kisii annuled the win by former MP Joel Onyancha (TNA).

Onyancha lodged an appeal and the Court of Appeal is expected to rule on the matter on December 5. Seven candidates cleared to vie for the seat seem to have applied brakes to their campaign machines as they await the court of appeal ruling.

“Issues in court won’t stop my campaigns and I am determined to win. I shall launch my campaigns early this week. The electorate in Bomachoge-Borabu is ready for the poll and stopping it may not go down well with them,” said UDF candidate Josiah Maaga.

In Lunga Lunga, it was going to be a bruising battle, where out of the five candidates, three were former MPs in the constituency that was hived from the larger Msambweni.

Candidates and IEBC are reeling in pain after losing a sizeable amount of cash to the campaign even as it emerged that Zonga might go to the Supreme Court.

“As you know, all voting materials had arrived, except ballot papers and boxes which were already in Nairobi,” said the Lunga-lunga Returning Officer Juma Musa.

Musa says that they will now be forced to pay the trainer of trainers and 89 Presiding Officers with their deputies for the few days they worked. “We are counting losses as we were ready with 75 per cent and after the verdict, we were forced to call the 267 clerks not to turn up for the training that was to be on Thursday and Friday,” he added.

Candidates were also not spared, with two front  runners putting more money on the campaigning committees and other tools like banners and T-shirts.