Court declines to hear nomination of Harold Kipchumba as Mbadi's replacement
The judge emphasised that disputes relating to elections, whether through universal suffrage or party list nomination, must be determined by an Election Court, as stipulated under Article 87 of the Constitution, the Elections Act, and the Parliamentary Election Rules, 2017.
The High Court has rejected a petition challenging the nomination of Harold Kimuge Kipchumba to the National Assembly by the Orange Democratic Movement (ODM), instead directing that the file be forwarded for the gazettement of an Election Court.
In a ruling delivered on Friday, Justice Lawrence Mugambi directed the Deputy Registrar of the Milimani Constitutional and Human Rights Division to forward the file to Chief Justice Martha Koome for the gazettement of an Election Court to handle the dispute.
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"I thus decline to give any directions in the circumstances. I instead direct that the Deputy Registrar immediately transmit this file to the Chief Justice for purposes of gazetting the Election Court pursuant to the Elections Act and Rules," Justice Mugambi ruled.
The judge emphasised that disputes relating to elections, whether through universal suffrage or party list nomination, must be determined by an Election Court, as stipulated under Article 87 of the Constitution, the Elections Act, and the Parliamentary Election Rules, 2017.
He further noted that under Rule 6 of the Election Petition Rules, the Chief Justice is required to gazette, by name, the judge who will preside over such petitions. Justice Mugambi also cautioned that failure to comply with his directions would attract legal consequences.
The petition was filed by ODM member Mary Ariviza Mwami, who challenged Kipchumba's nomination.
Mwami argued that nominating two men from the same region to represent Persons with Disabilities (PWDs) in the Assembly was unconstitutional, as it violated the two-thirds gender rule and disregarded regional and ethnic diversity.
She maintained that, based on ODM's party list, she was qualified to take up the seat left vacant by John Mbadi following his appointment to the Cabinet. Mwami further contended that since Jackson Kosgei, a male from the Kalenjin community, is already representing PWDs, her nomination would have ensured compliance with gender and regional balance requirements.
In July, the ODM party’s youth league rejected the gazettement of Kipchumba as a nominated MP to replace Mbadi.
While challenging Kipchumba's gazettement on July 28, a section of ODM members accused the Independent Electoral and Boundaries Commission (IEBC) of disregarding the nomination of John Ketora to the role.
Ketora, who is the President of the Youth League, claimed that the Commission ignored his nomination despite him meeting the requirements for consideration.
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