Long knives drawn as parties prepare for by-elections showdown

The countdown on the long-awaited by-elections that could define the 2027 race has started.

Political parties have until today to submit the names of the persons contesting in party primaries and the date of the exercise. 

They are required to submit the names and specimen signatures of the authorised persons.

According to the guidelines issued by the Independent Electoral and Boundaries Commission (IEBC) on August 8,  political parties are required to resolve all intra-party disputes and submit the list of aspirants on or before October 2.

For the independent candidates, they must submit their names and symbols they intend to use  before the close of business today.

“The commission shall publish, in the gazette, the names of the persons contesting in a party primary and the date of the party primary within seven (7) days of receipt of the names of the candidates,” the guidelines read.

The agency will publish the names and symbols of independent candidates at least 14 days before nominations, which will be held on October 8 and 9.

Candidates are required to pay a nomination fee of Sh20,000 for the parliamentary seat, Sh5,000 for the MCA position and Sh50,000 for Senate. People living with disabilities will be required to pay half of the fees. 

Political parties and candidates are  expected to submit the names of their agents by November 11. 

While the official campaign period starts on October 8 and ends on November 24, both the government side and the Opposition have already hit the ground running in a contest that could shape the 2027 political agenda.

Mbeere North in Embu County and Malava constituency in Kakamega have emerged as the most hotly contested seats with both sides leaving nothing to chance. 

In Mbeere North, the ruling UDA Party settled on Leonard Muthende through negotiated democracy, while the United Opposition has chosen Democratic Party’s Newton Kariuki alias Karish, an MCA.

In Malava, UDA has been pushing for a consensus between its aspirants, with Secretary General Hassan Omar and President William Ruto unsuccessfully trying to bring the rivals to agree on a single candidate.

The contenders, lawyer Leonard Shimaka, former principal Simon Kangwana, West Kabras MCA David Ndakwa and Ryan Injendi, son of the late MP Malulu Injendi, were unable to agree on who would fly the party’s flag in the by-election. Party primaries are slated for Saturday.

The Opposition is also yet to agree on whether to field a single candidate. Former Deputy President Rigathi Gachagua's Democracy for Citizens Party (DCP) is fronting Edgar Busiega while DAP-Kenya, a party affiliated to Eugene Wamalwa, has Kenya National Union of Nurses Secretary General Seth Panyako.

 Raila Odinga’s ODM has agreed not to field a candidate and, instead, back UDA in the spirit of the the so-called broad-based government.

 In Banisa, Mandera County, UDA’s aspirant is Ahmed Maalim, a brother of the late MP Kullow Hassan who died in March, 2023. He is expected to face off with DCP's Aden Mohammed.

 In Magarini, Kilifi, ODM plans to front Harrison Kombe, whose win was nullified by the Supreme Court, and to contest with Furaha Ngumbao of DCP.

 UDA will also hold party primaries in Baringo on September 20 after nine aspirants declared their interests for the Senatorial seat that was left vacant following the death of William Cheptumo.

The nine are Kiprono Chemitei, Wycliffe Kipsang, Daniel Kiptoo, Reuben Chepsongol, Evans Mudulel, Joseph Cheruto, Silas Tochim, Isaac Kirikmet, and Linus Kamkaket.

 According to the party, the nomination will be conducted electronically unlike in previous nominations that were done manually.          

As the campaign fever rises, controversy has emerged on whether some of the aspirants are eligible to contest.

 Caleb Burudi has written to the DAP-Kenya’s National Elections Board claiming that Panyako did not resign from the the Local Authorities Provident Fund (Lapfund) where he serves as a broad member and can wants not vie.

“Section 43(5A) of the Elections Act is instructive that a public officer who intends to contest in a by-election under this Act shall resign from public office within seven days of the declarations of a vacancy," says the letter.

“Therefore, Panyako was expected to have resigned on or before August 15 but he did not resign. To this end I call upon your office to disqualify him.”

But Panyako maintains that he was not a public officer.

“Lapfund is a retirement benefits scheme established under the Local Authorities Provident Fund. It is a statutory body but it is not a government ministry or a county government department; It is a parastatal-like entity created to manage retirement benefits for employees of local authorities,” he said.

"If a board member is serving in their capacity as a government official then they remain a public officer because they hold a public office but if a member is a representative of employees then such a person is not a public officer.”