ODM’s Msambweni Parliamentary Omar Iddi Boga’s candidature hangs in the balance after lobby instituted investigations against the spirant.
Coast Beach Management Units Trust has filed an official complaint to the Independent Electoral and Boundaries Commission- IEBC claiming that the Orange Democratic Party –ODM candidate is an active member of a public body and should not be allowed to vie for the Msambweni Parliamentary seat.
According to the CBMUT representative Mgandi Kalinga, Boga remains an active member and one of the Kenya Fisheries Service board of directors, a public body constituted by Act of parliament in 1989.
In the statement, Kalinga says Boga ought to have resigned as one of the directors of the Kenya fisheries service 6 months before presenting any nomination papers to the IEBC for the Msambweni seat.
He further stated that the organisation fully understands the provisions of the Kenya constitution, 2010 and that Boga is unfit to vie for the Msambweni Parliamentary seat.
“As an independent public body, IEBC is duty-bound to supply undisputed evidence tendered before it to confirm and demonstrate that indeed the candidate is qualified to contest as per the law,” read party of the statement.
The statement further states that ‘IEBC though has the mandate to reject nomination papers of a candidate based on qualification and disqualification arsenals planted in the constitution and other compliant laws, there cannot be an election without nomination’.
The letter that is also copied to the Fisheries, aquaculture and blue economy departments, Kenya Fisheries Service and Kwale county Election manager, want IEBC to expedite and urgently respond to the fisheries organisations’ concern.
The complaint has jolted ODM supporters in the Msambweni by-elections.
The Msambweni Parliamentary race has attracted 7 contestants among them independent candidates Feisal Abdallah, Sharlet Akinyi Mariam and Wiper Democratic Party candidate Shee Abdulrahman among others.
With Boga’s candidature at the edge, the number may further shrink.
However, ODM top brass is yet to respond to any of the claims of election laws and constitution contraventions.
IEBC too is yet to respond to the complaints but has acknowledged receipt of the complaint from the Coast Beach Management Units Trust.
The complaints come as candidates are from today October, 15 presenting their nomination papers to the IEBC.
Msambweni Parliamentary seat fell vacant after the death of MP Suleiman Dori in March, 2020 while receiving treatment at the Pandya hospital in Mombasa.
The Msambweni by-election is slated for December, 15.