By Sam Alfan.
A woman has moved to court to challenge the nomination of Harold Kipchumba as a Member of Parliament representing ODM.
In a petition to the High court, Mary Ariviza Mwami argues the nomination of Kipchumba into Parliament is discriminatory as there will be two males with disability from one county.
Ariviza now wants Chief Justice Martha Koome to appoint a judge to determine the case.
Ariviza who hails from Vihiga county had sought orders, to stop Kipchumba from taking the oath of office. The MP has since been sworn in.
“It is unconstitutional, illegal, unjust and improper for the 1st Respondent (Kipchumba) to be allowed to hold office as Nominated Member of National Assembly representing persons with disabilities. In the premise, no true, democratic and complete Election took place and your Petitioner has been deprived of having a fair chance and opportunity of being elected to the said seat as provided by the law,” Ariviza said in her court documents.
She adds that due to the unconstitutionality and malpractice the said election should be annulled and proper elections that meet constitutional, statutory and regulatory thresholds required of a free, fair, credible and transparent elections be conducted.
Ariviza said her name was submitted as number five (5) on the ODM party list for nominees to the National Assembly. Kipchumba was listed as number four on the said list in order of priority
“It is well within my knowledge that the election for Party list in the National Assembly is provided for under Articles 97(1) (c) of the constitution. The nomination seats are allocated to parties in proportion of the total number of seats won by the candidates of the political party at the general election held on 9th August, 2022,” state in her affidavit.
She argues that following the 9th August 2022 election ODM was allocated three special nomination seats proportion to the number of seats won. The said seats were filled by now CS John Mbadi and Irene Nyakerario Mayaka to represent workers and Urhulkher Harun Mohamed to represent the youth.
MP Mayaka, CS Mbadi, who is now treasury CS and MP Umulkher Harun Mohamed appeared as numbers 1, 2 and 3 respectively on the ODM party list.And following the appointment of CS Mbadi as Treasury Cabinet Secretary, one seat was left vacant and this required IEBC to reallocate based on the party list.
In a gazette notice published on 24th July 2025, the electoral body picked Kipchumba as replacement of Mbadi to the National Assembly representing Persons with Disabilities.
“I am aware of the fact that the nomination based on the party list is based on the order of priority the names appear on the list. vide the Gazette Notice No. 10537 (Vol. CXXIV-No. 181) published on 7th Septemeber.2022, Hon. Dr. Jackson Kipkemoi Kosgei was nominated under the UDA party to represent persons with Disability,” says Ariviza.
According to the woman, the membership of the Senate is unequivocally stated under Article 98(d) to consist of two members, boing one man and one woman, representing persons with disabilities.
The Election of MP Kipchumba to represent persons with disabilities now rmeans that persons with disabilities are represented by two males.
“It is therefore my contention that appointing two male Kalenjin’s from Baringo County, offends the two third gender rule and regional and ethnical diversity rule enshrined in the constitution,” says Ariviza.
She adds that despite not been expressly stated, the previous houses have ensured that there are two members, being one man and one woman, representing persons with disabilities in the National Assembly.
In the 12th Parliament (2017-2022) persons with disability were represented by both a man and a woman that is Hon. Ole Sankok, David of Jubilee party and Nominated MP Ghati Dennitah from ODM.
In the 11th parliament (2013-2017) persons with disability were represented by Hon. Teylaa. Janet Marania under the National Alliance Party and Hon. Mwaura Isaac Maigua under the ODM party.
The silent rule has been that if the ruling party appoints one gender, the opposing party must appoint the opposite gender to represent persons with disabilities.
“I am aware that the previous houses have in the nominations also taken into consideration the ethnic and regional diversity of the nominees of these special seats,” says Ariviza.
She adds that being a woman with disability. I am alive to the fact that women living with disabilities are double discriminated upon based on their gender and disability.
