The electoral commission has moved to clear the air over recent claims surrounding how it filled a vacant party list seat and its role in recalling elected leaders.
In a public statement released on Wednesday, the Independent Electoral and Boundaries Commission (IEBC) responded to concerns raised by ODM regarding the appointment of Harold Kimuge Kipchumba to replace John Mbadi, who recently vacated his party list seat.
ODM had questioned the legality of the replacement, but IEBC said the move was fully within the law.
The Commission explained that Kipchumba was next in line on a list submitted by the party back in July 2022 long before the seat fell vacant.
That list had been published in newspapers and uploaded on the Commission’s website.
According to IEBC, the Elections Act clearly states that when a party list seat becomes vacant, it should be given to the next qualified candidate in line, with gender balance and party order in mind.
“The law is very clear on how these vacancies are filled, and we’ve followed it to the letter,” the statement read. “The nominee who came after Hon. Mbadi, and who matched the legal criteria, was Mr. Kipchumba.”
The Commission also shared part of the original party list as proof and reaffirmed that its decision was guided by fairness and constitutional requirements.
At the same time, IEBC addressed the issue of recalling elected leaders. It noted that while Kenyans can petition the recall of Members of County Assemblies (MCAs), there is no law in place to give the public the power to recall Members of Parliament.
This gap in law, IEBC explained, stems from a 2017 High Court ruling to invalidate previously passed recall laws on the grounds of discrimination.
While amendments were brought in afterwards to facilitate recall of MCAs, none were brought for MPs.
They also explained that it has already made a recommendation to Parliament and that it should close this gap by passing suitable legislation to govern the recall process of members of both the National Assembly and the Senate.
IEBC further asked political party and citizens to work together to establish democracy, assuring that it will continues to maintain its commitment to fairness, transparency, and public accountability.
