The Independent Electoral and Boundaries Commission (IEBC) has addressed concerns raised by the Orange Democratic Movement (ODM) party regarding the appointment of Harold Kipchumba as the new ODM-nominated Member of Parliament, replacing Treasury Cabinet Secretary John Mbadi.
Kipchumba’s nomination has faced some opposition, particularly from certain ODM leaders who argued that Mbadi was nominated to the House because he was a 'worker' and could only be replaced by another 'worker' in the order of priority on the list. The faction was, therefore, adamant that John Ketora was the rightful replacement for Mbadi.
However, while reiterating its commitment to fairness and transparency, the IEBC noted that the claims about how the commission arrived at Kipchumba as the nominee were inaccurate, and offered a detailed clarification on the matter.
According to the IEBC, ODM party submitted a party list on July 23, 2022, which was subsequently published in newspapers and uploaded to the IEBC website.
The commission noted that Section 37 of the Elections Act and Regulation 56 of the Elections (General) Regulations, 2012, stipulates that when a party list seat falls vacant, it shall be reallocated to the next qualified nominee.
“In this case, the nominee who qualified under the law was Mr. Harold Kimuge Kipchumba, who is of the same gender as Hon. Mbadi and was the next in line on the submitted list,” the statement read.
The ODM Youth Wing had contested Kipchumba’s appointment, arguing that Ketora should have been appointed instead, as he was included in the nominee list shared with the IEBC under the “workers” category. They argued that the nomination should align with the principle of workers' representation.
But IEBC stood by its process, insisting that Kipchumba’s nomination was in line with the legal framework, which prioritises the order and gender in the party list.
“The Commission’s decision in this matter was fully compliant with the constitutional principles and relevant statutory provisions,” the statement went on.
According to the IEBC, a formal response clarifying its position was also sent to ODM on Monday, July 28.
Kipchumba, a longtime disability rights advocate and polio survivor, was officially sworn-in on Tuesday, July 29, filling the seat under the Persons with Disabilities (PWDs) category.
Incidentally, his swearing-in was witnessed by his fellow ODM party officials, as the IEBC showed intent in upkeeping its mandate of promoting inclusive and equitable representation in Parliament.
