EXPLAINER: How IEBC settled on Harold Kipchumba as Mbadi's successor

The Independent Electoral and Boundaries Commission (IEBC) on July 25, announced a reallocation of special seats in both the National Assembly and County Assemblies across Kenya.

In a Gazette Notice dated July 24, 2025, the electoral agency made a series of amendments to its 2022 notices regarding nominated members, replacing several individuals nominated under special interest categories such as persons with disabilities, youth, minority groups, and gender top-up lists.

One of the most notable changes was the replacement of John Mbadi Ngongo, who had been nominated under the workers' category by the Orange Democratic Movement (ODM).

But following his nomination to the Cabinet, he had to resign leaving the seat vacant. He currently serves as Cabinet Secretary for National Treasury.

Mbadi has now been replaced by Harold Kimuge Kipchumba, also of ODM, nominated under the Persons with Disabilities category.

This adjustment is part of the IEBC’s statutory obligation under the Constitution and Elections Act to ensure inclusivity and equitable representation in Parliament.

According to IEBC Chairperson Erastus Edung Ethekon, “the Commission exercises its powers under Articles 88(4), 90 and 97(1)(c) of the Constitution, alongside relevant provisions of the Elections Act and related regulations.”

Article 97 dictates that the National Assembly consists of two hundred and ninety members, each elected by the registered voters of single member constituencies and forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency.

It further say that “twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly” in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and the Speaker, who is an ex officio member.

According to the Elections Act, The election of members for the National Assembly, Senate and county assemblies for party list seats specified under Articles 97(1)(c) and 98(1)(b)(c) and (d) and Article 177(1)(b) and (c) of the Constitution shall be on the basis of proportional representation and in accordance with Article 90 of the Constitution.

A political party which nominates a candidate for election under Article 97(1)(a) and (b) shall submit to the Commission a party list in accordance with Article 97(1)(c) of the Constitution.

Article 34 (5) of the Elections Act says the party lists shall be submitted in order of priority.

Article 37 says 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 the representative, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list.

“Notwithstanding the provision of section 34(10), if there are no more candidates on the same party’s list, the Commission shall require the concerned political party to nominate another candidate within twenty-one days.”

For the case of Mbadi, Harold Kipchumba was the next in line according to the party list submitted and he was of the same gender as the CS.

This settles the debate that Mbadi was a representative of workers and therefore should have been replaced by John Ketora who was nominated as a representative of workers. He however, ranks eighth in the party list submitted to the Independent Electoral and Boundaries Commission (IEBC).

The list submitted by ODM had Irene Mayaka, John Mbadi, Umulkheir Harun, Harold Kipchumba, Mary Mwami, Abdul Muhsin, Lucy Mwanzia, John Ketora, Mary Riungu, Kantim Mwanik, Everlyne Cherobon and Erick Simatwa as nominees to the National Assembly.