The Independent Electoral and Boundaries Commission (IEBC) Returning Officer in Malava Constituency has dismissed the reported withdrawal of Democracy for Citizens’ Party (DCP) candidate Edgar Busiega from the upcoming parliamentary by-election.
In a statement issued on Wednesday, November 5, Returning Officer Salim Abdalla clarified that Busiega had not followed the official procedure required for a candidate to withdraw from the race, and therefore, his name would remain on the ballot for the November 27 poll.
Abdalla explained that his office had not received any formal communication from either Busiega or the DCP party confirming the withdrawal. “Without an official notice, duly signed and verified, the candidate remains validly nominated and will appear on the ballot,” he stated.
The clarification comes days after the DCP announced that Busiega had stepped down in favour of Seth Panyako, the Democratic Action Party–Kenya (DAP–K) candidate, as part of a broader United Opposition strategy to rally behind one flagbearer.
“Wakili Edgar Busiega Mwanga, who was vying for the Malava parliamentary seat on DCP, has officially stepped down and backed DAP-K candidate Seth Panyako. As the United Opposition, we now have one candidate in the upcoming by-election,” read part of the DCP statement issued on October 30.
DAP–K party leader Eugene Wamalwa also expressed confidence in Panyako’s chances, saying the coalition’s unified approach would help secure victory.
However, IEBC regulations stipulate that any withdrawal from an election must be submitted in writing to the returning officer at least three days before the election date. The notice must be signed by the candidate and accompanied by a copy of their national ID or passport. A withdrawal only becomes official once it has been acknowledged and gazetted by the Commission.
The Malava parliamentary seat fell vacant following the death of former MP Moses Malulu Injendi on February 17, after a prolonged illness.
Several candidates are eyeing the seat, including UDA’s David Ndakwa, who is seen as Panyako’s main rival and has since received backing from ODM under the spirit of opposition unity. Others in the race include Caleb Sunguti of the Roots Party and Joab Manyasi of the Democratic National Alliance (DNA).
With the IEBC’s latest pronouncement, the Malava contest is shaping up to be a multi-candidate race, despite earlier efforts by the opposition to front a single contender.