Nairobi Senator Edwin Sifuna has strongly criticised the Independent Electoral and Boundaries Commission (IEBC) over what he termed as a deliberate misinterpretation of the constitutional timelines for conducting by-elections.
In a post on X, Sifuna accused the Commission of engaging in “legal gymnastics” to justify violating the Constitution’s requirement that by-elections be held within 90 days of the issuance of writs. He stressed that the constitutional provision exists to safeguard representation, a fundamental pillar of Kenya’s democratic framework.
“The reason why you are required to conduct by-elections WITHIN 90 days of the writs is because of the broader importance of representation in the constitutional order,” Sifuna stated. He further warned that any prolonged delay could erode citizens’ rights and weaken the country’s democratic institutions.
The IEBC, however, has defended its decision to schedule the pending by-elections for November 27, 2025 dates that fall outside the 90-day window. In its statement, the electoral body cited “extraordinary circumstances,” including the fact that some vacancies arose long before the current Commission’s appointment. It highlighted Baringo County’s senatorial vacancy from February 2025 and Banissa Constituency’s vacancy from March 2023.
Quoting Article 259 of the Constitution, the IEBC argued that where timelines have lapsed, the law allows for a flexible interpretation, provided constitutional values are upheld. It also pointed to logistical challenges, noting that many polling stations are located in schools, and holding elections during term time would disrupt learning and limit access to facilities.
The Commission emphasised that ward by-elections are not bound by strict timelines but maintained that all set dates were in line with “the Constitution and its guiding spirit.”
On Friday, August 8, the IEBC gazetted 16 ward by-elections, appointing Returning and Deputy Returning Officers. These include contests in Kariobangi North (Nairobi), Kisa East (Kakamega), Narok Town (Narok), and several others across the country. A second gazette notice on Monday, August 11, will cover parliamentary and senatorial races in Baringo, Banissa, Kasipul, Magarini, Malava, Mbeere North, Ugunja, and Kabuchai/Chwele Ward.
Despite the Commission’s explanation, Sifuna remains unconvinced, insisting that strict adherence to the Constitution’s timelines is non-negotiable and accusing the IEBC of failing to “count the days” in a mandate where counting is everything.