Voters at a crossroads on pending mini polls, craft stopgap measures

Residents of some regions that do not have representation in county assemblies and in the National Assembly are mulling ways to ensure that their interests are captured.

The delays by the government to reconstitute the Independent Electoral and Boundaries Commission (IEBC) have stalled plans to replace elected leaders who have either died or lost their seats through petitions in courts.

In some wards, as counties continue with the process of developing their budgets for the 2024/2025 financial year, residents claim they fear their interests will not be captured.

Voters in Banissa and Magarini constituencies as well as four wards are waiting for the IEBC to give them a chance to pick their leaders. Also on the waiting list is the gazettment of a few nominated MCAs.

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In Banissa, Mandera County, residents have been unrepresented since their legislator Kulow Hassan was killed by a motorbike on March 25, last year, in South B, Nairobi.

Nullified election

Last month, a three-judge bench nullified the election of Harisson Kombe as Magarini MP. The judges ruled that Stanley Karisa proved that Kombe of ODM engaged in ballot staffing that altered the outcome of the poll.

Yesterday, Kilifi ODM branch chairman Teddy Mwambire said Kombe has moved to the apex court to seek a review because the decision will affect bursaries for learners in the constituency.

“When an MP loses a seat, the National Governor Constituency Development Fund (NG-CDF) and bursaries are frozen. It’s on this basis that Kombe has filed for a review because many learners will be affected,” said Mwambire, also Kilfi County Assembly Speaker.

Justices Smokin Wanjala, Njoki Ndung’u and Mohamed Ibrahim have ordered the IEBC to declare the seat vacant and conduct an election.

The verdict threw Magarini electorate into a quagmire facing many electoral units in the country that have not had elected representatives for nearly two years.

IEBC has been operating without commissioners since the retirement of Chairman Wafula Chebukati and commissioners Abdi Guliye and Boya Molu on January 17.

Former vice-chairperson Juliana Cherera and commissioners Justus Nyang’aya and Francis Wanderi resigned after President William Ruto formed a tribunal to investigate their conduct.

Irene Masit was removed on the recommendation of the tribunal.

Delays in reconstituting the commission have left voters and aspirants in places requiring a by-election confused.

There are fears the delays could be longer as the country waits on the fate of the National Dialogue Committee report.

Observers believe the implementation of the report also faces the possibility of ending up in court, which will affect the political angles in the reconstitution of IEBC.

The situation is compounded by the delays by a selection panel that was constituted by President William Ruto to kickstart the process. The committee is yet to make any breakthrough in the quest to reconstitute the commission.

Last week, civil society groups led by Uchaguzi Platform and the Elections Observations Group (ELOG) threatened to sue the panel for allegedly subjecting the country to uncertainties.

But as the stalemate continues, Kakamega County ward representatives have taken proactive steps to ensure continued representation for the residents of Kisa East Ward in Khwisero Sub-County.

The seat fell vacant following the passing of Stephen Maloba, the ward's elected representative. 

Maloba was stabbed to death on April 1, last year, by a goon in his ward when he attended a meeting organised by area MP Christopher Aseka. In mid-April, the assembly unanimously decided to form a caretaker committee to fulfill the responsibilities ordinarily carried out by an MCA.

The motion to establish the committee was spearheaded by Boniface Akosi, who highlighted the detrimental effects of the ward's lack of representation on development initiatives.

"It has been a year since the unfortunate demise of our colleague, leaving Kisa East Ward without a voice in the County Assembly. This absence hampers the ward's progress as it lacks the necessary legislative, representation, and oversight functions,” said Akosi, who represents Shinoyi/Shikomari/Esumeiya Ward. 

The caretaker committee, comprising nine members, will ensure that the interests of Kisa East Ward are upheld until IEBC conducts a by-election. Among the committee members are two nominated MCAs – Victorina Shikutwa (ANC) and Beatrice Shikhule (ODM) – alongside the area ward administrator, five community area administrators serving in the ward, and the ward manager. 

Renja Erambo, a former aspirant for the assembly seat, expressed frustration over the delayed formation of IEBC, stating it hinders the people's right to representation. 

“It is hard to convince the common man in Khwisero that the caretaker committee offers something better than what an MCA would. The committee is so detached from the people because they were never voted in by the constituents,” he said. “I hope the process of forming a new electoral commission speeds up so that the people can get the representation they desire, like their neighbouring wards.”

At the Coast, the Chewani ward in Tana River County has remained without a representative since June 17, 2023, after the area MCA Hamisi Idd of UDA died.

The MCA, who was also the minority leader in the County Assembly of Tana River, died in a road accident at Kanagoni on the Garsen-Malindi road.

Yesterday, the ODM youth leader Samir Nyundo said the party will do everything to retain the seat, but expressed fears that the by-election may not happen so due to the problems at the IEBC.

Kakuyuni MCA Maurice Hinzano (UDA) and his Kaya Fungo counterpart Agnes Sidi (ANC) said they will continue to prepare for the by-election despite uncertainty in IEBC.

In Nyamira, residents are uncertain about pending election in two wards.

Long wait

Residents of Nyamira ward in West Mugirango Constituency where an MCA died and Nyansiongo ward where a petitioner won a case challenging the election of Denis Kebaso have been waiting for a long time for by-elections. The Nyamira seat fell vacant following death of its MCA Elijah Osiemo in August 2023.

Various aspirants for the seats have raised concerns over the delays saying it deprived of Kenyans the right to representation in the County Assembly.

“We know that the government is doing something to address the issue of reconstitution of IEBC. What we pray for is that the process is hastened just for the interest of the people who should be represented in the assembly,” said Thomas Nyandieka, Gianchore Tea Factory Chairman.

Chris Osiemo, an aspirant eying Nyamira seat, said the void that electoral areas are experiencing should be filled as soon as possible for continuity of development.

Boniface Kegusu, another aspirant, said pressure from locals to have their interests represented at the County Assembly is huge and that it will be unfair for any further delays in reconstitution of the electoral body.

UPA chairman Nyambega Gisesa said the party was keen on fielding candidates in all the pending by-elections.

[Report by Stanley Ongwae, Harold Odhiambo, Robert Amalemba and Marion Kithi]