The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to nominate Harold Kimuge Kipchumba as the replacement for former nominated MP John Mbadi, amid protests from a section of ODM members.
In a statement issued on Wednesday, the IEBC maintained that it followed the law in reallocating Mbadi’s nomination slot. According to the Commission, Kipchumba was next in line on the party list submitted by the Orange Democratic Movement (ODM) in July 2022, and he met all the legal criteria under the Elections Act and the Elections (General) Regulations, 2012.
“Section 37 of the Elections Act and Regulation 56B provide that a party list seat that falls vacant shall be reallocated to the next qualified nominee in order of gender and priority, as originally submitted by the political party,” the Commission stated.
The Commission further clarified that Kipchumba, who shares the same gender as Mbadi, was next in priority on the list, thus legally qualifying for the nomination.
However, ODM’s Youth League has voiced strong opposition to the decision, arguing that the IEBC erred by selecting Kipchumba under the Persons with Disabilities (PWD) category instead of choosing Youth League President John Ketora, who was next in line under the “Workers” category.
“We cannot replace a worker with a person with disability category because they already had their slot,” said Martin Muthusi, the Youth League’s deputy president. He called on the IEBC to reverse what he termed an anomaly and nominate Ketora, the second name under the workers’ list.
Ketora distanced the party’s top leadership from the ongoing dispute but expressed dissatisfaction with the Commission’s handling of the matter. “I will not expose my secret card, but we have reinforced every corner to ensure we handle this matter expeditiously,” he remarked.
Meanwhile, ODM official David Kantai also criticised the nomination, calling for its immediate reversal and a fair review of the party list.
Despite the protests, the IEBC remains firm that its decision was in line with the legal framework governing party list nominations.