Court declines to hear petition challenging Harold Kipchumba’s nomination to replace Mbadi
By Zipporah Ngwatu, August 22, 2025The High Court has declined to hear and determine a petition seeking to overturn the nomination of Harold Kimuge Kipchumba to the National Assembly by the Orange Democratic Movement (ODM) party.
Justice Lawrence Mugambi has instead directed the Milimani Constitutional and Human Rights Division Deputy Registrar to immediately forward the file to Chief Justice Martha Koome for gazetting of the election petition court to hear and determine the disputed nomination of Kimuge.
“I thus decline to give any directions in the circumstances; I instead direct that the Deputy Registrar immediately transmit this file to the honourable Chief Justice for purposes of gazetting the Election Court pursuant to the procedure set out in the Election Act and the Rules to hear and determine this dispute,” Justice Mugambi directed.
According to Justice Mugambi, a dispute over an election, whether through universal suffrage or by way of nomination through a party list, must be determined by an election court as defined under Article 87 of the Constitution as read with relevant provisions of the Elections Act and the Elections (Parliamentary Election Rules, 2017).
“Under Rule 6 of the Elections (Parliamentary Election) Petition Rules, 2017, the Chief Justice must gazette by name the Judge to hear an election petition, such as the instant one.
Further, Justice Mugambi also warned that any disobedience or non-observance of the orders issued will result in legal consequences for the parties.
Unconstitutional
Mary Ariviza Mwami, the petitioner and a member of the ODM party, moved to court challenging the nomination of Kipchumba, arguing that it is unconstitutional.
Mwami states that it is illegal to have two males representing people with disabilities (PWDs) while women have no one representing them.
She states that Kipchumba and Jackson Kosgei, who also represent PWDs in the National Assembly through the United Democratic Alliance (UDA) party, come from the same region.
Petitioner Mwami further cites that the nomination of the two men to the August House offends the two-thirds gender rule and the regional and ethnical diversity.
Notably, she asserts that she is ranked high to fill in the position that was left vacant by John Mbadi after he took over the Cabinet Secretary docket.
Kipchumba’s and Mwami’s names were submitted for nomination based on the party list, and Kipchumba’s name appeared as number four, whereas Mwami’s name was number five on the list in order of priority.
However, the petitioner states that, going by the ODM party list, she qualified for nomination based on the two-thirds gender rule since Kosgei is already representing men at the National Assembly.
“Though the respondent’s name (Harold Kipchumba) ranked higher than the petitioner’s (Mary Mwami), in order to achieve the regional and ethical balance and meet the two-thirds gender rule, the petitioner (Mwami) ought to be nominated.