IEBC Committee cancels Eric Basweti’s nomination for MCA Bomwagamo ward

Milimani Law Courts, Nairobi.

The Independent Electoral and Boundaries Commission Resolution Committee has cancelled the nomination of Eric Omwana Basweti for the Member of County Assembly seat, Bomwagamo Ward in Nyamira County.

The committee, led by Chairman Wambua Kilonzo, Irene Masit and Justus Nyang’ya further barred IEBC from including Basweti in the ballot in case the election is deferred or a by-election is held.

“In the event the IEBC elects to defer the election, it is hereby ordered that the respondent shall not be included in the ballot papers for the position of Member of County Assembly in Bomwagamo Ward or any other position to be vied for in any subsequent by-election, if at all,” the committee ruled.

The complainant, Shukin Oonge Mongare told the IEBC committee to cancel Basweti’s nomination since he had not resigned from his position as a public officer as required by the constitution.

Mongare argued that Basweti had not resigned from the National Police Service Commission where he worked as an accountant by 9th February, 2022 as prescribed by law. 

He produced an extract of Basweti’s PAYE as of April 2022 to show that he was still the commission’s employee.

The complainant further questioned the legitimacy of Basweti’s purported resignation letter from the NPSC since it was signed by the chairperson.

“Consequently, the clearance and registration of the respondent was therefore irregular and in contravention of the law,” the complainant added.

The IEBC commission also ruled that since the ballot papers have already been printed, the matter shall be referred to the Independent Electoral and Boundaries Commission for its action.