The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to schedule upcoming by-elections for November 27, saying constitutional timelines were impossible to meet due to the delayed reconstitution of the Commission.
In a statement, IEBC cited Article 101(4)(b) of the Constitution, which stipulates that a by-election should be held within 90 days of a vacancy. However, the commission noted that many of the seats in question fell vacant months before its new members were sworn in on June 10, 2025.
For example, the Baringo Senate seat became vacant on February 16, 2025, Banissa constituency on March 28, 2023, and Magarini constituency on March 3, 2023. Other vacancies include Ugunja (August 8, 2024), Malava (February 17, 2025), Mbeere North (April 17, 2025), and Kasipul (April 30, 2025).
The Commission explained that it relied on Article 259 of the Constitution, which allows for flexible interpretation of legal provisions in special circumstances, provided the decision upholds constitutional purposes, values, and principles.
IEBC Chairperson noted that logistical considerations also influenced the choice of date. “Many polling stations are located in schools. Strictly following the 90-day rule would have disrupted the academic calendar,” the statement read.
The electoral body is preparing to conduct 24 by-elections. Political parties intending to participate must submit their candidate lists to the IEBC by Wednesday, September 17. Public officers wishing to vie are required to resign from their positions within seven days of the notice.
The Commission will gazette the names of aspirants cleared to contest in party primaries, along with the dates of those primaries, within seven days of receiving the candidate submissions.
The official campaign period will run from Wednesday, October 8, to Monday, November 24, between 7:00 am and 6:00 pm daily. IEBC has urged all stakeholders to adhere to the electoral code of conduct and ensure peaceful, issue-based campaigns.
The upcoming by-elections will fill vacancies across multiple counties, marking the first major test for the reconstituted IEBC in managing multiple polls simultaneously under tightened timelines.
