IEBC outlines legal basis for Harold Kipchumba’s nomination to replace John Mbadi
By Mabonga Makhanu, July 30, 2025The Independent Electoral and Boundaries Commission (IEBC) has addressed growing public concern over the procedure used to replace the National Assembly slot previously held by John Mbadi, who was recently appointed to the Cabinet.
In a statement released on Wednesday, July 30, 2025, the Commission reaffirmed its commitment to transparency and adherence to the Constitution, explaining that the reallocation process strictly followed the law.
IEBC outlined that the Orange Democratic Movement (ODM) party list used in the replacement process was the same one submitted on July 23, 2022, which was later published in national newspapers and on the Commission’s website.
The electoral body maintained that it relied on Section 37 of the Elections Act and Regulation 56B of the Elections (General) Regulations, 2012, which require that any vacancy in a party list seat be filled by the next qualified nominee, based on gender and order of priority.
“The party list used by the Commission was submitted by ODM on 23rd July 2022, subsequently published in newspapers on 27th July 2022, and uploaded on the IEBC website. Section 37 of the Elections Act and Regulation 56B of the Elections (General) Regulations, 2012, 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.” IEBC said in a statement
Constitutional backing
According to IEBC, Harold Kimuge Kipchumba was next in line on the submitted ODM party list and met all the required criteria, including gender balance provisions. The Commission stated that it had formally communicated this decision to ODM on July 28, 2025.
“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.” They added
To promote transparency, IEBC also released a redacted extract of the ODM party list that was initially submitted in July 2022, assuring the public that the process was conducted lawfully and in accordance with the guidelines set out in electoral regulations.