The Independent Electoral and Boundaries Commission (IEBC) has issued a public statement addressing growing concerns and debate over recent decisions involving party list re-allocations and the right to recall elected leaders, reaffirming its commitment to transparency, constitutionality, and the rule of law.
The clarification comes in the wake of criticisms, notably from the Orange Democratic Movement (ODM), over the Commission’s recent move to replace Hon. John Mbadi’s party list seat in the National Assembly.
ODM had claimed the process was unlawful and lacked due procedure.
However, the Commission strongly refuted the claims, stating that its decision adhered strictly to the Elections Act and Regulations 56B of the Elections (General) Regulations, 2012.
“The party list used in the re-allocation was the same list submitted by ODM on 23rd July 2022 and publicly published on 27th July 2022,” the Commission clarified.
“As per the law, when a seat becomes vacant, it must be filled by the next qualified nominee based on gender and priority on the original party list.
In this case, Mr. Harold Kimuge Kipchumba was the rightful nominee,” IEBC added.
To uphold transparency, the Commission has released a redacted version of the party list in compliance with the Data Protection Act and formally responded to ODM in a letter dated 28th July 2025.
The Commission also addressed growing public interest in the recall of elected officials, particularly Members of Parliament (MPs) and Members of County Assemblies (MCAs).
Under Article 104 of the Constitution, citizens have the right to recall their representatives, but IEBC emphasized a critical legal distinction:
- For MCAs: A statutory framework exists, and IEBC is currently processing valid recall petitions.
- For MPs (National Assembly and Senate): No legal framework currently exists to facilitate recalls. This is due to the 2017 High Court ruling in Katiba Institute & TEAM v Attorney General, which declared existing recall provisions unconstitutional and discriminatory.
“While Parliament has since addressed the legal gap for MCAs, no similar amendments have been made to enable the recall of MPs,” the Commission explained.
“We have formally submitted recommendations to Parliament and remain hopeful that lawmakers will enact the necessary legislation to fully operationalize Article 104,” IEBC added.
The Commission reiterated its independence and impartiality, appealing to all political actors, institutions, and the public to support its constitutional mandate.
“We urge all stakeholders to engage constructively and avoid politicizing lawful processes. Your trust is the cornerstone of a thriving democracy,” the statement read.
IEBC reaffirmed its commitment to serving with integrity, impartiality, and transparency, and pledged to continue facilitating inclusive democratic processes, including public participation and policy development.
As the country navigates an increasingly vigilant and politically engaged environment, the Commission called on citizens to uphold democratic values and support institutional efforts to build a more just and accountable future.
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