The Independent Electoral and Boundaries Commission has said that Mbadi’s replacement will be based on gender, contrary to claims by a section of politicians that the process be based on profession.....CLICK HERE TO READ THE FULL ARTICLE>>>
In a letter dated August 23, IEBC Legal Director Chrispine Owiye asserts that the replacement will be picked from the list in line with Section 37 of the Election Act.
According to Owiye, who wrote the letter on behalf of IEBC Chief Executive Officer Hussein Marjan, the commission would consider gender when reallocating the seat.
This means that Kipchumba, who is the next nominee in the list of the same gender could be picked to succeed Mbadi as the ODM nominated MP in the National Assembly.
“If a representative from a political party list dies, withdraws from the party list, changes parties, resigns or is expelled from his or her party during the term of representation, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list,’’ Owiye quotes section 37 of the Elections Act.
“It is our considered observation from the cited provision that the mandate of reallocation of party list seat is a preserve of the members of the commission. As such, we advise that the commission presently is not in a position to process the request of your client for want of the commission chairperson and members in post.’’
Owiye’s letter is addressed to Ibrahim, Isaac and Co. Advocates for the ODM party following a letter to the commission dated August 1.
In a letter dated August 16 and addressed to National Assembly Speaker Moses Wetang’ula and copied to ODM Secretary General Edwin Sifuna, IEBC confirms that it had received notification declaring the seat vacant.
However, Marjan says that the commission is not in a position to reallocate the seat because of the absence of the IEBC chairperson and members of the Commission.
“As you are aware, the commission is currently not quorated for the wants of the chairperson and commissioners. Owing to the above, kindly note that we may not be in a position to process the request to fill the vacancy of the MP of the National Assembly nominee, ODM within the legal timeliness,’’ stated Marjan.
Marjan was responding to a letter by Wetang’ula dated August 14.
Wetang’ula declared the seat vacant and wrote to the IEBC to gazette Mbadi’s successor in line with the constitution and the Elections Act.
Mbadi’s successor is to be picked from a predetermined list of ODM members known as the Party List submitted to the IEBC before the 2022 polls in order of priority.
The succession quagmire had triggered a storm in the Orange Democratic Movement Party with bigwigs angling for the slot following Mbadi’s resignation as a nominated MP.
While some ODM insiders have been fronting party John Antira Ketora as Mbadi’s replacement, others have been backing former nominated Senator Harold Kipchumba.
The names of Kipchumba and Ketora are contained in the Party List at positions four and eight respectively.
Kipchumba was nominated to represent persons with disability while Ketora was picked to represent the youth.
However, there are fears that the legal interpretation by the Independent Electoral and Boundaries Commission could be challenged in court, further delaying the process.
The IEBC response confirms that Kipchumba will be the next nominated MP.
Kipchumba was a nominated Senator in the 11th Parliament representing people with disabilities.
However, the High Court annulled his nomination, six months after ODM had nominated him.
The late Godliver Omondi replaced Kipchumba.
In the 2017 ODM party list, Kipchumba missed out after Isaac Mwaura (now government spokesperson) secured the seat….CLICK HERE TO READ MORE ARTICLE>>>
