The Independent Electoral and Boundaries Commission (IEBC) has issued a detailed statement addressing recent public concerns regarding the re-allocation of a party list seat vacated by Hon. John Mbadi of the Orange Democratic Movement (ODM), and clarifying the constitutional right to recall elected representatives.
In a press release issued on Wednesday, the Commission reaffirmed its commitment to transparency, fairness, and constitutional integrity, emphasizing its adherence to legal and procedural standards in handling party list vacancies and citizen-driven recalls.
1. Clarification on ODM Party List Re-Allocation
The IEBC dismissed claims by the ODM party that the re-allocation of the National Assembly seat formerly held by Hon. Mbadi was irregular or unlawful. According to the Commission, the process was fully compliant with Section 37 of the Elections Act and Regulation 568 of the Elections (General) Regulations, 2012.
“The party list used was submitted by ODM on 23rd July 2022, published in local newspapers on 27th July 2022, and uploaded on our official website,” the IEBC stated.
Following Mbadi’s exit, the Commission re-allocated the seat to Mr. Harold Kimuge Kipchumba, who was the next eligible nominee on the original party list and of the same gender, as required by law. IEBC Chairperson Erastus Edung Ethekon underscored that the decision upheld constitutional requirements of gender equity, fairness, and respect for legitimate expectations.
The Commission has since formally responded to ODM’s concerns in a letter dated 28th July 2025 and has provided a redacted copy of the relevant party list in line with the Data Protection Act.
2. Status of the Right of Recall for Elected Leaders
Addressing growing public interest in the recall of elected officials, the Commission reiterated its readiness to facilitate such processes, subject to existing legal frameworks.
a. Recall of Members of County Assemblies (MCAs)
The IEBC confirmed that a valid legal framework exists for the recall of MCAs and that it is currently processing petitions submitted under this provision.
b. Recall of Members of Parliament (National Assembly and Senate)
However, the Commission noted a significant legislative gap regarding the recall of Members of Parliament. This gap was created following a 2017 High Court ruling (Katiba Institute & Transform Empowerment for Action Initiative v Attorney General & Another) which invalidated the relevant provisions of the Elections Act for being discriminatory.
“While Parliament amended the law to provide for the recall of MCAs, no similar action has been taken for MPs,” the Commission explained.
The IEBC confirmed it has already submitted formal recommendations to Parliament, urging lawmakers to enact legislation that will operationalize the recall mechanism for Members of the National Assembly and the Senate in accordance with Article 104 of the Constitution.
3. Commitment to Transparency and Democratic Integrity
In its concluding remarks, the IEBC called on all political actors and citizens to support the Commission in safeguarding electoral integrity. Chairperson Erastus Ethekon emphasized that public trust remains the cornerstone of Kenya’s democratic governance.
“We are committed to transparency, impartiality and integrity. We continue to welcome public participation and constructive engagement,” Ethekon said.
The Commission further warned against misinformation and urged Kenyans to rely on verified information channels. It also pledged to keep working with all stakeholders to strengthen democratic institutions and promote an accountable governance framework.
For further information, the public is encouraged to contact the Department of Communications and Corporate Affairs via info@iebc.or.ke or visit the IEBC website at www.iebc.or.ke.
Written By Rodney Mbua
