The Orange Democratic Movement (ODM) party Secretary General Edwin Sifuna has criticised the Independent Electoral and Boundaries Commission (IEBC) for making two mistakes since the commissioners were sworn in.
In a statement on Sunday, August 10, the Nairobi senator revealed that these decisions, including the timeline set for the upcoming by-elections, went against the Constitution and were concerning.
"Two back-to-back manifestly flawed decisions by the new IEBC are enough cause for alarm," Sifuna stated.
"Article 101(4)b requires IEBC to conduct by-elections within 90 days of issuance of writs. Unless my maths is wrong, November 27th is more than 100 days away."
This comes just a day after the commission, led by Chairperson Erastus Ethekon, noted that the by-elections would take place on November 27 in all the jurisdictions missing in the public.
The elections will be conducted in two batches, with the first batch filling the vacant positions for the Members of County Assemblies (MCAs), including Angata Nanyokie (Samburu), Chemundu (Nandi), Chewani (Tana River), Fafi (Garissa), Kariobangi North Ward (Nairobi City), Kisa East Ward (Kakamega County), Metkei (Elgeyo Marakwet), Mumbuni North (Machakos), Purko Ward (Kajiado County), and Tembelio (Uasin Gishu).
The second batch will fill the vacant Senatorial position in Baringo and Member of Parliament seats in Banissa, Kasipul, Magarini, Malava, Mbeere North and Ugunja Constituencies.
Secondly, Sifuna highlighted the flawed replacement of John Mbadi in the National Assembly, in which the commission reportedly ignored the law when picking Mbadi’s replacement, Harold Kimuge Kipchumba.
Although the law states that the replacement must be the next in line from the same category of nomination, Mbadi, who was nominated under the workers' category, was replaced by Kipchumba, who was nominated under the Persons with Disabilities category.
"When picking Mbadi’s replacement, the commission ignored the law on selecting the next person from the same category in which Mbadi was nominated. Mbadi was nominated under the “workers” category," Sifuna lamented.
Despite widespread criticism over its choice, the IEBC has doubled down on its decision, stating that Kipchumba met all the requirements, noting that Section 37 of the Elections Act and Regulation 56 of the Elections (General) Regulations, 2012, stipulate 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.
