Kenya National Union of Teachers (Knut) Secretary General Wilson Sossion may still be gazetted as a nominated Member of the National Assembly.
This is after it emerged neither Mr Sossion nor his Orange Democratic Movement (ODM) party have written to the Independent Electoral and Boundaries Commission (IEBC) communicating the decision by the unionist to decline the seat.
Although Sossion has made it public that he was no longer interested in the seat, a similar communication was yet to reach the electoral agency.
"We are only reading it in the media that he (Sossion) has turned down the nomination and we will treat this as rumours," IEBC Communication Manager Andrew Limo told The Standard.
According to the Registrar of Political Parties (RPP) Lucy Ndung'u, the only way a person who is qualified for nomination can be replaced is through written resignation or a court process.
"If a party is not pursuing a court process, then the only alternative is for the individual to decline the nomination by writing to IEBC and copying his/her party the letter," Ms Ndung'u said.
But Sossion insists his mind is made up on the matter.
"I have made it public that due to commitments i will not take up the position. I am still an ODM party life member and have tremendous respect for my party. If asked to write resignation letter I will do so," said Sossion yesterday.
His Party, ODM, confirmed that Sossion was yet to notify it of his decision to decline the slot saying as things stand, IEBC can still proceed to gazette him.
"So far I have not received any written communication from him on the same so that we can forward it to IEBC. I thought the committee on nomination may have received it, but when I inquired, there was no letter," said ODM executive Director Oduor Ong'wen.
If Sossion formally notifies the agency on his decision to withdraw his name from the nominee's list on time, then IEBC will go back to the party list fielded 45 days to elections and pick the next person.
The agency can only write to the party to provide a new list if it exhausts all the 12 names provided.
"If the list is exhausted, then the commission will ask for a new list," said Ms Ndung'u.
Unconfirmed reports indicated Sossion was being edged out to pave way for former Bomet Governor Isaac Ruto. But the law disqualifies a person that was a candidate in the election and was not a member of the nominating party at least 45 days to the elections.
Stay informed. Subscribe to our newsletter