The death of a nominated Kenyan lawmaker in a car crash has created a rare constitutional headache for the country’s election body: how to replace a member of parliament whose political party no longer exists.
Joseph Denar Hamisi, 56, Joseph Denar Hamisi, 56, died Dec. 6 when his vehicle was involved in an accident in Nairobi’s Karen neighborhood. The former tourism executive and lawyer had served as a nominated MP since 2022 on the ticket of the Amani National Congress (ANC), a party led by Prime Cabinet Secretary Musalia Mudavadi.
But ANC voluntarily dissolved itself in March 2025 and merged into President William Ruto’s ruling United Democratic Alliance (UDA), leaving the Independent Electoral and Boundaries Commission (IEBC) without a clear legal path to fill the vacancy.
Constitutional procedure hits a dead end
Kenya’s constitution is explicit about replacing nominated lawmakers. When a vacancy occurs, the National Assembly speaker must notify the IEBC and the relevant political party within 21 days. The party then nominates the next person from its original list submitted before the 2022 election.
In Denar’s case, that next name would have been Salim Mohammed Busaidy. The problem: the party that submitted the list — ANC — was officially dissolved in a Kenya Gazette notice on March 14, 2025, after a delegates’ conference voted to wind up the organization.
“It’s unprecedented,” an IEBC commissioner told The Associated Press on condition of anonymity because internal discussions are ongoing. “We have never had a situation where the party itself has ceased to exist.”
IEBC Chairperson Erastus Ethekon, who is traveling abroad, was not immediately available for comment.
National Assembly Speaker Moses Wetang’ula has yet to formally declare the seat vacant, a step that would trigger the 21-day constitutional clock.
Legal experts see no easy answers
Constitutional lawyer David Ochami said the law never anticipated a party voluntarily dissolving mid-term.
“The dissolution was immediate and final,” Ochami told the AP. “There is no party list to refer to, and no legal successor has been defined. The IEBC may have to seek an advisory opinion from the Supreme Court.”
Some lawyers argue that because ANC dissolved without a formal merger agreement that transferred parliamentary seats, the slot may simply remain empty until the next election in 2027.
Others suggest the seat could revert to UDA, given that Mudavadi and most former ANC officials now operate under the ruling party’s banner. But no provision in the Political Parties Act or the constitution explicitly supports that transfer.
A cautionary tale of political musical chairs
The episode underscores the fluidity of Kenyan coalition politics. ANC was one of several smaller parties that helped deliver western Kenya votes to Ruto in 2022. After the election, Mudavadi accepted a senior cabinet position, and ANC — facing financial strain and diminished relevance — chose dissolution over independence.
Former Attorney-General Justin Muturi, now leader of the Democratic Congress Party, was blunt.
“ANC dissolved voluntarily. It’s gone,” Muturi said. “Like sugar in tea, you can’t retrieve it.”
Wider implications as 2027 approaches
The case could set precedent at a time when President Ruto is aggressively consolidating smaller parties into UDA ahead of the next general election. Critics say the trend weakens multi-party democracy and reduces voter choice.
For now, one seat in the 349-member National Assembly stands empty, a quiet testament to the unintended consequences of Kenya’s fast-moving political realignments.
Parliament paid tribute to Denar last week, with Speaker Wetang’ula describing him as “a diligent and humble public servant.” Colleagues remembered the soft-spoken lawmaker for his work on sports and cohesion committees.
But beyond the condolences, the IEBC faces weeks — possibly months — of legal maneuvering to resolve a vacancy the constitution assumed would never be this complicated.
