IEBC: Why commission settled on November 27 for by-elections
The IEBC said it relied on Article 259 of the Constitution, which allows flexibility in reckoning time where circumstances require, as long as no contrary intention is expressed.
The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to hold by-elections on November 27, saying the move complies with the Constitution despite exceeding the 90-day limit for filling vacant parliamentary seats.
In a statement on Thursday, the commission said Article 101(4)(b) of the Constitution requires a by-election to be conducted within 90 days after a vacancy is declared.
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“However, some of the current vacancies arose long before the present IEBC was constituted, making it impossible to meet the initial constitutional timeline,” the statement read.
Vacancies include Baringo County’s Senate seat, which became vacant on February 16, 2025, and Banissa Constituency, which lost its representative on March 28, 2023. Others are 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.
The IEBC said it relied on Article 259 of the Constitution, which allows flexibility in reckoning time where circumstances require, as long as no contrary intention is expressed.
This article also requires constitutional interpretation that promotes its purposes, advances the rule of law and rights, permits the development of the law, and supports good governance.
The commission said both legal principles and logistical realities guided the choice of date, noting that many polling stations are located in schools, which are in session during the original 90-day period.
“Conducting elections during school terms disrupts learning and limits access to polling centres,” it said.
It also clarified that the Constitution does not set specific timelines for by-elections to fill vacancies for Members of County Assembly (MCAs).
The IEBC maintained that while the 90-day requirement applies under normal circumstances, the current situation is different. “Due to the unique circumstances at hand, the timelines for these by-elections have been set in full compliance with the Constitution and its guiding spirit,” it said.
Last week, the commission directed political parties intending to take part in the by-elections to submit candidate names by Wednesday, September 17. Public officers planning to contest must resign within seven days of the notice.
The commission will publish in the Gazette the names of those contesting in party primaries and the dates for the primaries within seven days of receiving the names. Independent candidates must not have been members of any political party for at least three months before the election date and are required to submit their names by September 17.
The campaign period will run from Wednesday, October 8, to Monday, November 24, between 7:00 am and 6:00 pm daily. Political parties and candidates must appoint and submit the names of their election agents by Tuesday, November 11. IEBC will use the certified register of voters published on June 21, 2022.
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