NAIROBI – Wakili Edgar Busiega’s strategic withdrawal from the Malava parliamentary by-election has been thrown into disarray after the Independent Electoral and Boundaries Commission (IEBC) declared the move procedurally invalid. On Wednesday, 5th November 2025, Malava Returning Officer Salim Abdalla confirmed that Mr. Busiega remains a candidate for the 27th November poll because he failed to submit a formal withdrawal notice.

This development creates significant political confusion in Kakamega County, contradicting a widely publicized announcement on Thursday, 30th October 2025. At that event, held at the home of Democracy for Citizens Party (DCP) Deputy Leader Cleophas Malala, Mr. Busiega publicly stepped down to endorse Seth Panyako of the Democratic Action Party-Kenya (DAP-K). The move was framed as a strategic decision to unify the opposition vote against the ruling UDA party’s candidate, David Ndakwa.

“Wakili Edgar Busiega Mwanga, who was vying for the Malava Constituency parliamentary seat on DCP, has officially stepped down and backed DAP-K candidate Seth Panyako,” DAP-K announced in a statement on 30th October. The unity pact was presented as a major step forward for the United Opposition alliance in Western Kenya.

However, according to the IEBC, a public declaration is insufficient. “In Kenya, a candidate withdrawing from a by-election must submit a written notice of withdrawal to the returning officer,” Mr. Abdalla stated on 5th November. He clarified that his office had not received any such official communication from Mr. Busiega or the DCP, meaning his name and party affiliation will appear on the ballot paper.

The Political Deal Behind the Withdrawal

The decision for Mr. Busiega to step aside was the result of high-level negotiations between the DCP, led by former Deputy President Rigathi Gachagua, and DAP-K, led by Eugene Wamalwa. DCP Deputy Leader Cleophas Malala stated on 30th October that the party had conducted internal polling which showed Mr. Panyako had a stronger chance of winning the seat.

In exchange for stepping down, Mr. Busiega was publicly promised a prominent future role within the DCP. Mr. Malala announced that DCP party leader Rigathi Gachagua had agreed to place Mr. Busiega at the top of the party’s list for nominated Members of Parliament in the 2027 General Election. “We also sat and saw that Edgar is a young man, and he would like to be a leader one day... We shall have two leaders in the opposition; Edgar as a nominated MP and Seth as the elected MP,” Malala said on 30th October.

While the initial input for this story suggested Mr. Busiega would take over the party's legal affairs, extensive verification efforts have not confirmed this specific appointment. The promise of a 2027 nomination is the only publicly verified detail regarding his compensation for exiting the race. FURTHER INVESTIGATION REQUIRED.

Implications for Malava and Western Kenya

The Malava by-election, necessitated by the death of MP Moses Malulu Injendi on 17th February 2025, is a critical political barometer for the Western region ahead of 2027. The now-disputed opposition unity strategy was designed to consolidate their base and present a formidable challenge to the Kenya Kwanza administration, which has heavily campaigned for its candidate.

With Mr. Busiega’s name remaining on the ballot, there is a tangible risk of splitting the opposition vote, which could inadvertently benefit the UDA’s David Ndakwa. It remains unclear how the DCP and DAP-K leadership will navigate this procedural hurdle and communicate the situation to their supporters in Malava with just weeks until polling day.

The IEBC has confirmed the campaign period will run until Monday, 24th November 2025, with the vote scheduled for Thursday, 27th November 2025. Other cleared candidates include Caleb Sunguti of the Roots Party and Joab Manyasi from the Democratic National Alliance (DNA). The commission has urged all candidates and their supporters to adhere to the Electoral Code of Conduct to ensure a peaceful process.