IEBC ready to conduct by-elections once speakers reissue writs, says Ethekon

IEBC chairperson Erastus Ethekon during his vetting at Parliament. (Photo: Parliament of Kenya)

By Maureen Kinyanjui
Saturday, July 19, 2025

The IEBC Chair pointed out that by law, once a vacancy occurs in Parliament or a county assembly, it is the responsibility of the respective Speaker to formally notify IEBC by issuing a writ.

The electoral commission says it is ready to conduct pending by-elections across the country once the required writs are reissued by the respective speakers of Parliament and county assemblies.

IEBC Chairperson Erastus Edung Ethekon said the Commission has prioritised the exercise, especially in areas that have remained without elected leaders for long periods. He noted that in some cases, such as Vanisa constituency, the vacancy has lasted nearly three years.

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“Because, as you’ve noticed, two years plus have already gone, some constituencies like Banissa, I think it’s close to three years without their member of parliament and others, of course, are more recent. So we are giving it priority,” Ethekon explained on Saturday.

The IEBC Chair pointed out that by law, once a vacancy occurs in Parliament or a county assembly, it is the responsibility of the respective Speaker to formally notify IEBC by issuing a writ. Once the writ is received, the Commission is allowed up to 90 days to prepare for and hold the by-election.

“Once we receive the new writs, because it’s normally within 90 days, then it gives us a window of about three months within which to execute our plan, to hold those by-elections and to conclude with them,” he said.

The Commission, he added, is aware of public discussion and concern around the delay, but emphasised that it cannot act without the formal notification.

“I’ve seen under section of the media this matter being discussed. But it is a matter of process,” he said.

On funding, Ethekon confirmed that the Commission has secured a budget to conduct the by-elections. He said the IEBC Secretariat had already been working closely with Parliament and the National Treasury to ensure resources were available for the 23 vacant seats.

“For by-elections, we have the budget. The Secretariat has been working with Parliament and Treasury, so there is a budget for that,” he said.

The absence of a newly appointed team had left the Independent Electoral and Boundaries Commission (IEBC) crippled, as key decisions cannot be made without a chairperson and commissioners. Of immediate concern are the 23 pending by-elections, including six for constituencies, one senatorial seat, and 15 county assembly seats.

Among the most pressing mini-polls is the Baringo senatorial by-election, necessitated by the death of Senator William Cheptumo in February. Similarly, the Banisa parliamentary seat became vacant following the death of MP Hassan Kullow in a road accident in March. Additionally, the Supreme Court upheld the nullification of Magarini MP Harrison Kombe’s election on May 31, 2024, creating another vacancy.

The death of Malava MP Malulu Injendi in February also created a vacancy, while Ugunja Constituency was left without a representative after MP Opiyo Wandayi was appointed Cabinet Secretary for Energy and Petroleum.

The IEBC has been allocated Sh788 million by the National Treasury for 16 by-elections in the current financial year, ending June 30, 2026.

However, six additional by-elections, two of which are for parliamentary seats in Mbeere North and Kasipul occurred after the IEBC had submitted its budget estimates. These will require an additional Sh215.84 million, which must be factored in by the Treasury before proceeding.

The Kasipul seat became vacant following the assassination of MP Ong'ondo Were in Nairobi in May. Meanwhile, the Mbeere North seat was vacated after MP Geoffrey Ruku was appointed Cabinet Secretary for Public Service, replacing Justin Muturi, who was dismissed.