What Happens If a Cleared Candidate Dies Before August Election ¶
On May 29, 2022, Rabai MP William Kamoti died in a road accident, just hours after the Independent Electoral and Boundaries Commission (IEBC) cleared him to defend his seat on an Orange Democratic Movement (ODM) ticket. The untimely death raised questions on what happens when a cleared candidate dies before the August 9 General Elections, given that the deadline for the presentation of papers had already lapsed.
IEBC Chairperson Wafula Chebukati would nullify the election if a cleared candidate was running unopposed and as an independent candidate, explained constitutional lawyer Bobby Mkangi. However, if the candidate was running on a party ticket, the party would be given an opportunity to replace the candidate, as stated by Mkangi.
The Constitution of Kenya (2010) provides that a parliamentary seat be declared vacant if the MP dies. In addition, it calls for the seat to be filled within 90 days after the Speaker of the National Assembly declares it vacant. However, the option of having a by-election is not viable in the case of the late Kamoti, as Clause Four of Article 101 of the constitution states that a seat will not remain filled if declared vacant 90 days before a General Election.
Meanwhile, the Chebukati-led commission began the process of receiving papers of presidential candidates. So far, IEBC has disqualified 11 independent candidates and aspirants Reuben Kigame and Mwangi wa Iria. Wiper Party leader Kalonzo Musyoka, whose bid was initially rejected by the electoral body over failure to submit a soft copy of the list of 48,000 supporters from 24 counties, was allowed more time to avail the names.
