NAIROBI, Kenya, Aug 22, 2025 (AFP) – The High Court has declined to hear a petition challenging the nomination of Harold Kimuge Kipchumba to the National Assembly as an Orange Democratic Movement (ODM) replacement for Treasury Cabinet Secretary John Mbadi.
Justice Lawrence Mugambi ruled on Friday that the matter should be referred to Chief Justice Martha Koome, who will be required to gazette an election petition court to hear and determine the case.
“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,” Justice Mugambi stated.
He emphasized that disputes involving elections — whether by universal suffrage or through party list nominations — must be heard by a designated election court under the Constitution and the Elections Act. Under the Parliamentary Election Petition Rules, 2017, the Chief Justice must officially assign a judge to preside over such cases.
Petitioner challenges legality of nomination
The petition was filed by Mary Arivisa Mwami, who argued that Kipchumba’s nomination was unconstitutional. She claimed the ODM list unfairly favored men, noting that two male nominees were listed under the people with disabilities (PWDs) category while no woman representative was included.
The Independent Electoral and Boundaries Commission (IEBC) defended its decision, insisting that Kipchumba’s appointment complied with the law. The commission cited Section 37 of the Elections Act and Regulation 56 of the Elections (General) Regulations, 2012, which provide that when a party list seat falls vacant, it must be filled by the next qualified nominee.
“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,” IEBC said in its statement.
The commission added that the nomination adhered to constitutional principles and statutory provisions, stressing that gender balance and order in the party list had been observed.
Justice Mugambi further warned that failure to comply with court directions in the matter would carry legal consequences.
