IEBC cancels Gatundu South by-election

Kiarie Kamere of New Democrats Party who dropped from race leaving only one candidate, Moses Kuria of TNA.

The Independent Electoral and Boundaries Commission (IEBC) has cancelled the Gatundu South by-election pending declaration of The National Alliance candidate Moses Kuria as the MP-elect.

The decision was arrived at after The New Democrats Party wrote to IEBC supporting Kiarie Kamere's decision to withdraw his candidature and stating that the party would not field any other candidate.

"There will be no by-election in Gatundu South Constituency because there is only one candidate, Moses Kuria," read part of IEBC's statement Tuesday evening.

IEBC Communications Director Tabitha Mutemi said the commission would today issue the relevant gazette notice declaring Kuria as the Gatundu South MP-elect.

Gatundu South Constituency Returning Officer Kipruto Yegon was Tuesday served with a notice, in accordance with The Election (General) Regulations 2012, Regulation 52, from Joakim Kiarie Kamere withdrawing his candidature from the Gatundu South Parliamentary by-election.

Mr Kamere returned Form 21, the certificate of nomination as a candidate, issued to him on July 10.

Commissioner Thomas Letangule said IEBC held a day-long meeting and wide consultations with their lawyers before arriving at the decision since there is no clear provision in law on how to handle such a situation.

Mr Letangule said IEBC would still incur expenses because election materials were procured and clerks hired and trained.

"We think it's proper to have an amendment to compel candidates to deposit a bond with the commission from where costs incurred can be recovered in the event that a candidate withdraws," said Letangule.

Former Committee of Experts chairman Nzamba Gitonga criticised the 10th Parliament for overlooking a clause that would have expressly stated what happens when a candidate withdraws a few days to the election date.

Meanwhile the Mathare by-election has taken a new twist after IEBC cleared independent candidate William Omondi Tuesday. The former MP joined the race following a battle at the High Court.

The former Kasarani legislator had been barred for failing to inform the Registrar of Political Parties of his resignation from ODM in January last year.

He said the Mathare by-election was no longer a two-horse race but three after he was cleared to contest the seat by the electoral commission.