How IEBC has settled Mbadi’s replacement at Parliament
The electoral body has resolved a political deadlock concerning replacing National Treasury Cabinet Secretary John Mbadi in the National Assembly.
The Independent Electoral and Boundaries Commission (IEBC) clarified that Mbadi’s replacement will be determined by gender, dismissing claims from some politicians advocating for a profession-based selection process.
In an August 23 letter, IEBC Legal Director Chrispine Owiye emphasized that the replacement would follow Section 37 of the Election Act, ensuring that gender criteria are followed when selecting a successor.
Owiye, representing IEBC Chief Executive Officer Hussein Marjan, stated that gender will be a key consideration in reallocating the seat.
This implies that Kipchumba, the next nominee on the list who meets the gender requirement, could succeed Mbadi as the ODM-nominated MP in the National Assembly.
“If a representative from a political party list passes away, withdraws, changes parties, resigns, or is expelled during their term, the seat shall be allocated to the next candidate of the same gender on the party list,’’ Owiye cited from Section 37 of the Elections Act.
He further noted that the authority to reallocate a party list seat lies exclusively with the commission members, and currently, the commission is unable to process the request due to the absence of the chairperson and other members.
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The letter from Owiye was directed to Ibrahim, Isaac, and Co. Advocates, who represent the ODM party, following their communication to the commission on August 1.
On August 16, IEBC, in a letter addressed to National Assembly Speaker Moses Wetang’ula and copied to ODM Secretary General Edwin Sifuna, acknowledged receipt of the notification declaring the seat vacant.
However, Marjan indicated that the commission is currently unable to reallocate the seat due to the lack of a quorum, as the commission lacks a chairperson and members.
“As you are aware, the commission is currently not quorate due to the absence of the chairperson and commissioners. Consequently, we are unable to process the request to fill the ODM nominated MP seat within the legal timeline,’’ Marjan clarified.
Marjan’s response was prompted by a letter from Wetang’ula dated August 14.
Wetang’ula had declared the seat vacant and requested the IEBC to officially announce Mbadi’s successor by the constitution and the Elections Act.
The successor is to be chosen from a pre-submitted list of ODM members, known as the Party List, which was provided to the IEBC before the 2022 elections, in order of priority.
This succession issue has sparked internal conflicts within the Orange Democratic Movement Party, with various party leaders vying for the position following Mbadi’s resignation as a nominated MP.
While some ODM members have been supporting John Antira Ketora as Mbadi’s replacement, others are pushing for former nominated Senator Harold Kipchumba.
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Kipchumba and Ketora are listed on the Party List in positions four and eight, respectively.
Kipchumba was initially nominated to represent persons with disabilities, while Ketora was chosen to represent the youth.
However, concerns have arisen that the IEBC’s legal interpretation might face court challenges, potentially causing further delays in the process.
The IEBC’s response confirms that Kipchumba is the next in line to be the nominated MP.
Kipchumba previously served as a nominated Senator in the 11th Parliament representing people with disabilities.
However, his nomination was annulled by the High Court six months after ODM had nominated him, and he was subsequently replaced by the late Godliver Omondi.
In the 2017 ODM party list, Kipchumba was not included, as Isaac Mwaura, now the government spokesperson, secured the position.
How IEBC has settled Mbadi’s replacement at Parliament
