ODM Nominee Kipchumba Survives First Court Battle in Mbadi’s Seat Row
The High Court has declined to hear a petition challenging the nomination of Harold Kimuge Kipchumba to the National Assembly by the Orange Democratic Movement (ODM), replacing Treasury Cabinet Secretary John Mbadi.
Justice Lawrence Mugambi ruled that the matter should instead be referred to Chief Justice Martha Koome, who will be responsible for gazetting an election court to preside over the dispute.
“I therefore decline to issue any directions in this matter. I direct the Deputy Registrar to immediately forward this file to the Honourable Chief Justice for the gazettement of the Election Court, in line with the Elections Act and Rules,” Justice Mugambi said.
He emphasized that disputes concerning elections, whether through direct vote or party list nomination, can only be handled by a designated election court under the Constitution and the Elections Act. He further noted that the Parliamentary Election Petition Rules, 2017, require the Chief Justice to formally appoint a specific judge to hear such petitions.
The judge also cautioned that failure to comply with court orders in the case would attract legal consequences.
The petition was filed by Mary Arivisa Mwami, who argued that Kipchumba’s nomination was unconstitutional. She claimed it violated representation principles since two men had already been nominated to represent people with disabilities (PWDs), leaving women unrepresented.
In its defense, the Independent Electoral and Boundaries Commission (IEBC) maintained that Kipchumba’s nomination followed the law. The commission dismissed the petitioner’s claims and explained the process used.
Citing Section 37 of the Elections Act and Regulation 56 of the Elections (General) Regulations, 2012, IEBC clarified that when a party list seat becomes vacant, it must be reallocated to the next eligible nominee.
“In this instance, Mr. Harold Kimuge Kipchumba was the qualified nominee, being of the same gender as Hon. Mbadi and the next in order on the party list,” IEBC stated.
The commission further stressed that the decision adhered to the constitutional principles and statutory provisions governing party list nominations.
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ODM Nominee Kipchumba Survives First Court Battle in Mbadi’s Seat Row