The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to schedule pending by-elections for November 27, saying the 90-day constitutional window was impossible to meet due to the delayed reconstitution of the Commission.
In a statement issued in Mombasa on Thursday, August 13, the Commission explained that while Article 101(4)(b) of the Constitution requires a by-election within 90 days of a vacancy being declared, the requirement could not be enforced before the new members were sworn in on July 11, 2024.
“The 90-day period could not commence before the Commission was fully constituted,” IEBC said. “This reality made it practically impossible to hold the by-elections within the original constitutional timeframe.”
The Commission pointed out that several of the current vacancies arose long before it was reconstituted, including Baringo County Senate seat on February 16, 2025; Banissa Constituency on March 28, 2023; Magarini Constituency on March 3, 2023; Ugunja Constituency on August 8, 2024; Malava Constituency on February 17, 2025; Mbeere North Constituency on April 17, 2025; and Kasipul Constituency on April 30, 2025.
According to IEBC, it was guided by Article 259 of the Constitution, which allows flexibility in reckoning timelines where circumstances require, and where no contrary intention is expressly stated. The provision also calls for constitutional interpretation that promotes its purposes, values, and principles, advances the rule of law, and contributes to good governance.
The electoral body also cited logistical challenges, noting that many polling stations are located in schools, which were in session during the initial 90-day period.
“Conducting elections during school terms disrupts learning and limits access to polling centres,” the Commission noted.
It further clarified that the 90-day provision applies only to parliamentary seats, as the Constitution does not prescribe specific timelines for by-elections to fill Members of County Assembly (MCA) vacancies.
IEBC said its new leadership needed adequate time to prepare for the polls in compliance with electoral laws, including gazettement of election dates, nomination timelines, and procurement of materials.
“The Commission remains committed to conducting credible, free, and fair elections,” the statement read. “Our priority is to ensure that every electoral process meets the highest legal and administrative standards.”
By-elections will be held in twenty-four vacant parliamentary and county assembly seats, with the Commission assuring all stakeholders that the extended period will not compromise electoral integrity.
