NAIROBI, Kenya – The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to hold parliamentary and ward by-elections on November 27, saying the date complies with the Constitution despite surpassing the 90-day limit for filling vacant seats.
In a statement on Thursday, the commission acknowledged that Article 101(4)(b) of the Constitution requires a by-election to be conducted within 90 days after a vacancy is declared.
However, it said some current vacancies arose before the present commission was constituted, making it impossible to meet the initial deadline.
Vacancies include Baringo County’s Senate seat, declared vacant on February 16, 2025, and six constituencies: Banissa (March 28, 2023), Magarini (March 3, 2023), Ugunja (August 8, 2024), Malava (February 17, 2025), Mbeere North (April 17, 2025) and Kasipul (April 30, 2025).
IEBC said it relied on Article 259 of the Constitution, which allows for flexibility in interpreting timelines when circumstances require, as long as the interpretation upholds constitutional purposes, the rule of law, rights, and good governance.
The commission added that logistical realities also influenced the decision, noting that many polling stations are in schools, which would have been in session during the original 90-day window.
“Conducting elections during school terms disrupts learning and limits access to polling centres,” IEBC stated, adding that no specific constitutional timelines exist for filling vacant Member of County Assembly (MCA) seats.
“The 90-day requirement applies under normal circumstances. Due to the unique circumstances at hand, the timelines for these by-elections have been set in full compliance with the Constitution and its guiding spirit,” the commission said.
Last week, IEBC directed political parties to submit names of candidates for the by-elections by Wednesday, September 17. Public officers seeking to run must resign within seven days of the notice.
The commission will publish the names of contestants and dates for party primaries within seven days of receiving the submissions.
Independent candidates — who must not have been members of a political party in the three months preceding the poll — also face a September 17 deadline.
The campaign period will run from October 8 to November 24, with parties and candidates required to submit names of election agents by November 11.
Voting will be conducted using the certified register of voters published on June 21, 2022.
