A major political storm that could end up in courts is brewing within Orange Democratic Movement (ODM) after the electoral agency picked Harold Kimuge Kipchumba as a replacement for National Treasury Cabinet Secretary John Mbadi in Parliament.
Treasury Cabinet Secretary John Mbadi.
Photo credit: Francis Nderitu | Nation Media Group
The Independent Electoral and Boundaries Commission (IEBC) in a gazette notice dated July 24, picked Mr Kipchumba, a person with disability, to take up the vacant nomination slot in the National Assembly.
It has, however, emerged that ODM of veteran politician Raila Odinga had expected IEBC to pick Mr John Ketora, the party’s Youth League President.
The Nation has obtained a letter by ODM Secretary General Edwin Sifuna to IEBC chairperson Erastus Edung Ethekon, in which the party cited provisions of the law in supporting the nomination of Mr Ketora.
ODM Youth League Chairman John Ketora.
Photo credit: File | Nation Media Group
“In accordance with the provisions of Articles 90 and 97 (1) (c) of the constitution of Kenya, 2010, Section 37 (1) of the Elections Act, 2011 and the relevant list submitted by the party to the commission pursuant to section 35 of the said Act, we hereby submit Mr John Ketora, to be allocated the vacant seat as the male member of National Assembly in the place of John Mbadi, to represent workers,” Mr Sifuna said in the letter dated July 24, 2025.
It states, “Mr Ketora is the next in line in our party list on the category of workers and same gender. Kindly proceed to allocate the party’s seat as male member of the National Assembly representing workers in accordance with Section 37 (1) of the Elections Act, 2011, to Mr John Ketora.”
But according to Mr Ethekon, his pick is in line with the provisions of section 37 of the Elections Act, which states the conditions of replacing a nominated MP.
Independence Electoral and Boundaries Commission Chairperson Erastus Edung Ethekon after taking oath of office at the Supreme Court in Nairobi on July 11, 2025.
Photo credit: Bonface Bogita | Nation Media Group
“The Commission is mandated to conduct elections based on proportional representation through the use of party lists, in accordance with Article 90 of the Constitution of Kenya and Section 37(1) of the Elections Act, Cap 7. The allocation of seats is carried out based on the priority in which nominees were listed by their respective political parties, as submitted during the 2022 General Election,” Mr Ethekon said.
On Monday, ODM Youth League came out strongly to reject Mr Kipchumba as the replacement of Mr Mbadi.
Martin Muthusi, Deputy ODM Youth League president, said Mr Ketora was the automatic replacement, being the second person in the 'workers' category. Mr Kipchumba was listed under the people living with disability category (PLWDs).
"We cannot replace a 'worker' with 'person with disability' category because they already had their slot," Muthusi said.
He spoke during a press conference at Orange House, which was also attended by Mr Ketora.
"This is being unfair to the youths, especially after the party had instructed the commission to nominate the next worker in the list."
The Youth League described the IEBC’s move as ill-advised, urging the commission to rescind the decision. This, even as they called on the top party leadership to fight for Ketora, who they said has been loyal to the Orange party.
