IEBC Explains How It Arrived at By-Elections Date Amid Controversy: "Unique Situation"
- IEBC defended holding upcoming by-elections beyond the constitutional 90-day limit, saying vacancies existed long before the current commission took office
- The electoral body cited Article 259 of the Constitution, which allows flexible interpretation of timelines to protect rights when deadlines have lapsed
- Poll dates were also influenced by logistical constraints, with many voting stations in schools where term-time elections would disrupt learning and restrict access
- Nairobi senator Edwin Sifuna rejected the explanation, accusing IEBC of twisting the law to excuse what he called a blatant breach of the 90-day rule
Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
The Independent Electoral and Boundaries Commission (IEBC) has defended its decision on the timing of upcoming parliamentary and county assembly by-elections.
Source: Twitter
IEBC argued that the delays beyond the 90-day constitutional limit were dictated by unusual circumstances.
In a statement on Wednesday, August 13, the commission addressed public concern over the interpretation of Article 101(4)(b) of the Constitution.
As per the law, the IEBC is required to hold a by-election for a vacant seat to be conducted within 90 days from the date the vacancy is declared.
However, according to IEBC, this legal requirement applies under normal and ideal circumstances, but the current situation is far from ordinary.
Several of the vacant seats were left unfilled months before the new commission was constituted, meaning the 90-day clock had already lapsed by the time it assumed office.
Where is IEBC set to hold by-elections?
The statement listed several affected constituencies and counties, with the earliest vacancy dating back nearly two and a half years.
Banissa Constituency lost its MP on March 28, 2023, while Magarini Constituency’s seat fell vacant on March 3, 2023.
Ugunja Constituency’s vacancy was declared on August 8, 2024, followed by Baringo County’s senatorial seat on February 16, 2025, Malava Constituency on February 17, 2025, Mbeere North on April 17, 2025, and Kasipul on April 30, 2025.
In its defence, the commission cited Article 259 of the Constitution, which guides the interpretation of timelines when they have already lapsed.
This provision, IEBC said, allows flexibility while upholding constitutional values, advancing the rule of law, protecting fundamental rights and freedoms, and ensuring good governance.
What informed IEBC's dates for by-elections?
The electoral body said it also had to factor in logistical issues when setting the by-election dates.
IEBC observed that many polling stations are located in public schools, and holding polls during school terms would disrupt learning and restrict access to voting facilities.
This, the commission argued, made the earliest possible date for the elections fall outside the standard 90-day window.
While acknowledging the importance of adhering to constitutional timelines, IEBC stressed that the law’s spirit must guide implementation when strict compliance is impossible.
"The Commission affirms that the 90-day period would apply under normal and ideal circumstances. However, due to the unique situation at hand, the timelines for these by-elections have been set in full compliance with the Constitution and its guiding spirit," the statement read.
The commission also pointed out that the Constitution does not stipulate a specific deadline for filling Member of County Assembly (MCA) vacancies, giving it more leeway in scheduling those polls.
Why did Sifuna dispute IEBC's explanation?
But the explanation has not convinced everyone, with ODM secretary general Edwin Sifuna dismissing IEBC’s defence as a deliberate distortion of the constitution’s intent.
He accused the commission of attempting 'legal gymnastics' to sanitise what he described as a blatant violation of the law.
Source: Facebook
Sifuna argued that the framers of the constitution made the 90-day limit non-negotiable to safeguard citizens’ right to representation and prevent prolonged political vacancies.
"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. Whatever the circumstances, you need to have considered that. I suspect you guys never actually counted the days, very dangerous when you consider how central counting is to your mandate," Sifuna stated.
Why did Sifuna warn IEBC?
Earlier, Sifuna issued a strong warning to the IEBC, suspecting its recent decisions may signal an attempt to undermine the 2027 election’s integrity.
He flagged two key concerns: the November 27 date set for by-elections, more than 100 days after vacancies were declared, exceeding the 90-day requirement and the appointment of a replacement MP from the wrong nomination category, violating electoral law.
Sifuna called on Kenyans to stay vigilant and resist any moves that could dilute their democratic voice.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
