Q1: Why did the Commission re-allocate the party list seat to Mr. Harold Kimuge Kipchumba?

A:
The re-allocation was based on the party list submitted by ODM on 23rd July 2022, which was legally gazetted and published. In line with Section 37 of the Elections Act and Regulation 56B of the Elections (General) Regulations, the seat vacated by Hon. John Mbadi was lawfully assigned to the next eligible nominee of the same gender and in the correct order of priority — Mr. Harold Kimuge Kipchumba.

Q2: ODM has claimed the re-allocation was unlawful. Is this true?

A:
No. The Commission followed the legal procedures set out in both the Elections Act and relevant regulations. The decision was objective, lawful, and based strictly on the party’s submitted and published list. The Commission formally communicated its position to ODM on 28th July 2025.

Q3: Can political parties amend or reorder their party lists after submission?

A:
No. Once a party list is submitted, published, and gazetted, it becomes final. It cannot be altered outside of the legal framework. This ensures consistency, transparency, and fairness in the nomination process.

Q4: Why is the recall of Members of Parliament currently not possible, despite being in the Constitution?

A:
Article 104 of the Constitution provides for the right of recall. However, the Elections Act lacks a current, valid legal framework for recalling Members of Parliament. The previous provisions were declared unconstitutional in 2017 for being discriminatory. While Parliament amended the law for County Assemblies, similar amendments have not yet been made for Members of Parliament.

Q5: Can voters still recall Members of County Assemblies?

A:
Yes. The law governing the recall of MCAs is valid and operational. The Commission continues to receive and process petitions in accordance with the legal provisions that apply to County Assemblies.

Q6: What action has the IEBC taken to address the gap in recall legislation for MPs?

A:
The Commission has submitted formal recommendations to Parliament urging legislative amendments to provide clear procedures and grounds for the recall of Members of Parliament. We remain hopeful that Parliament will act to fulfill the intent of Article 104 of the Constitution.

Q7: What is the Commission doing to build public trust in its operations?

A:
The Commission remains committed to transparency, legal compliance, and public engagement. We have adopted an open-door policy, are improving institutional accountability, and are committed to rebuilding trust through service delivery, dialogue, and strict adherence to the Constitution.