High Court Declines to Hear Petition on Harold Kipchumba Nomination as ODM Replacement for Mbadi
The High Court has declined to hear a petition challenging the nomination of Harold Kimuge Kipchumba to the National Assembly by ODM.
Judge Refers Case to Chief Justice
Justice Lawrence Mugambi delivered the ruling on Thursday, sparking fresh legal twists in the ODM nomination row.
“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 ruled.
He clarified that any dispute arising from elections, whether by direct vote or party list, must be handled by a specific election court. According to him, the law is clear on the procedure.
“Under the Parliamentary Election Petition Rules, 2017, the Chief Justice is required to officially name a judge to hear an election petition,” he explained.
Petitioner Challenges Nomination
The petition was filed by Mary Arivisa Mwami, who argued that Kipchumba’s nomination was unconstitutional. She claimed that ODM’s decision left women with no representation in the People with Disabilities (PWD) category.
Mwami told the court that two men were already listed under the PWD slot, making the move discriminatory.
“This is an injustice to women with disabilities who deserve equal representation. The law does not allow double male dominance,” she argued.
IEBC Defends Kipchumba
The Independent Electoral and Boundaries Commission (IEBC), however, strongly defended Kipchumba’s nomination.
In a statement, the commission dismissed the claims and clarified that the decision was made strictly within the law.
“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 stated.
“The Commission’s decision in this matter was fully compliant with the constitutional principles and relevant statutory provisions,” it added.
What Next?
Following the ruling, the matter now lies in the hands of Chief Justice Martha Koome. She will gazette a judge to hear the case under the Elections Court framework.
Justice Mugambi also warned the parties to strictly comply with court orders or face legal consequences.
The ruling leaves Kipchumba’s fate hanging as the political and legal battle shifts to the Elections Court.
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High Court Declines to Hear Petition on Harold Kipchumba Nomination as ODM Replacement for Mbadi
