The Independent Electoral and Boundaries Commission (IEBC) has addressed the controversy surrounding the replacement of National Treasury Cabinet Secretary John Mbadi in the National Assembly. This move comes after Mbadi’s resignation from his position as a nominated MP representing the Orange Democratic Movement (ODM). The electoral agency has confirmed that Harold Kipchumba, the next nominee on the party list of the same gender, is set to succeed Mbadi, quelling a political impasse fueled by conflicting interests within the ODM party.
In a letter dated August 23, IEBC Legal Director Chrispine Owiye clarified the legal basis for Mbadi’s replacement, emphasizing that the process must adhere to the provisions of Section 37 of the Elections Act. This section stipulates that in the event of a vacancy, the seat must be reallocated to the next candidate of the same gender on the party’s list. The directive is aimed at maintaining gender balance in Parliament and dispels arguments from some political quarters that the replacement should be based on professional qualifications.
The decision has sparked discussions within the ODM party, with prominent figures lobbying for the vacant slot. Among the contenders were Harold Kipchumba, who had previously served as a nominated Senator representing persons with disabilities, and John Antira Ketora, who was on the list to represent the youth. Kipchumba, ranked fourth on the ODM party list, emerged as the frontrunner over Ketora, who was positioned eighth.
The IEBC’s communication addressed to ODM’s legal representatives, Ibrahim, Isaac, and Co. Advocates, highlighted that the reallocation of party list seats is a mandate reserved exclusively for the commission members. However, Owiye’s letter pointed out a current limitation—the IEBC’s inability to process the replacement request due to the absence of a chairperson and commissioners. This operational gap has caused procedural delays, as affirmed in a subsequent letter from IEBC Chief Executive Officer Hussein Marjan.
In a letter dated August 16, addressed to National Assembly Speaker Moses Wetang’ula and copied to ODM Secretary General Edwin Sifuna, Marjan acknowledged receipt of the notification declaring Mbadi’s seat vacant. However, he reiterated that the commission’s current lack of quorum prevents them from fulfilling the request to reallocate the seat within the legally mandated timelines.
Speaker Wetang’ula had earlier declared Mbadi’s seat vacant and urged the IEBC to expedite the gazettement of his successor, in line with constitutional and electoral regulations. The announcement has intensified the competition within the ODM party, with key stakeholders vying for influence over the selection process. While some insiders have rallied behind Ketora, advocating for a youth representative, the IEBC’s adherence to legal criteria has positioned Kipchumba as the preferred candidate.
Harold Kipchumba’s political journey has been marked by previous setbacks, including the annulment of his nomination as a Senator in the 11th Parliament, where he represented people with disabilities. Despite this, his consistent presence on ODM’s party list underscores his ongoing commitment to public service and advocacy for marginalized groups. However, Kipchumba’s path to Mbadi’s vacant seat may still face legal challenges, as some factions within the ODM have expressed intent to contest the IEBC’s interpretation of the law.
As the situation unfolds, the IEBC’s ruling on gender-based succession seeks to uphold statutory requirements while navigating internal party dynamics. Whether Kipchumba’s anticipated nomination will proceed without further disputes remains to be seen, as the ODM party grapples with both legal interpretations and strategic decisions in the wake of Mbadi’s departure from Parliament. The IEBC’s decision sets a precedent for future reallocation of party list seats, reinforcing the principle that gender balance must remain a cornerstone of Kenya’s legislative representation.
