The High Court has declined to entertain a petition challenging the nomination of Harold Kimuge Kipchumba to the National Assembly by the Orange Democratic Movement (ODM), ruling instead that the matter falls under the jurisdiction of an Election Court.
In a judgment delivered Friday, Justice Lawrence Mugambi directed that the case file be transmitted to Chief Justice Martha Koome for the formal gazettement of an Election Court to hear the dispute.
“I thus decline to give any directions in the circumstances. I instead direct that the Deputy Registrar immediately transmit this file to the Chief Justice for purposes of gazetting the Election Court pursuant to the Elections Act and Rules,” ruled Justice Mugambi.
The judge emphasized that all election-related disputes, including those stemming from party list nominations, must be handled by courts specifically designated for election petitions.
“Whether the election is by way of universal suffrage or through party lists, such disputes are the exclusive preserve of an Election Court, as outlined under Article 87 of the Constitution,” he said.
Justice Mugambi further cited Rule 6 of the Election Petition Rules, noting that only a judge gazetted by name by the Chief Justice can hear such cases. He warned that failure to follow proper legal channels would attract consequences.
“These processes are not optional. Failure to comply with this directive may result in legal sanctions,” he added.
The petition had been brought by ODM party member Mary Ariviza Mwami, who argued that Kipchumba’s nomination violated constitutional provisions on gender parity and ethnic balance.
She claimed that with Jackson Kosgei, also from the Kalenjin community and a male already occupying a seat representing Persons with Disabilities (PWDs), nominating Kipchumba was both redundant and discriminatory.
“My nomination would have ensured compliance with the two-thirds gender rule, as well as provided regional and ethnic diversity,” Mwami told reporters outside the court.
“ODM has a duty to uphold inclusivity, not undermine it.”
Mwami insisted that, based on the original ODM party list, she was the rightful nominee to fill the vacancy left by John Mbadi, who vacated the seat upon joining the Cabinet.
Her sentiments echo broader unrest within ODM ranks. In July, the party’s youth wing publicly opposed Kipchumba’s nomination, accusing party leadership and the IEBC of ignoring internal recommendations.
“The IEBC disregarded my nomination despite fulfilling all the legal and political requirements,” said John Ketora, President of the ODM Youth League.
“This process has lacked transparency from the very start.”
The internal divisions have exposed growing rifts within the party, as different factions claim the nomination process was manipulated or politically motivated.
With the case now heading to a designated Election Court, all parties will have another chance to present their arguments in a forum legally empowered to determine the validity of the nomination.
For now, Harold Kipchumba remains in legal limbo as the political and legal drama continues to unfold.
