The Independent Electoral and Boundaries Commission (IEBC) has clarified concerns over the 90-day constitutional limit for conducting by-elections.
In a statement on Thursday, August 14, IEBC noted that while the constitution requires by-elections to be held within 90 days, most of the seats due for by-elections fell vacant before the Commission was constituted, creating extraordinary circumstances.
“For example, the people of Baringo County lost representation at the Senate on 16th February 2025, while Banissa Constituency lost representation on 28th March 2023, Magarini Constituency (3rd March 2023), Ugunja Constituency (8th August 2024), Malava Constituency (17th February 2025), Mbeere North Constituency (17th April 2025), and Kasipul Constituency (30th April 2025).
“The Commission is, therefore, operating under extraordinary circumstances for these by-elections,” read the statement in part.
The electoral body explained that its decision to set the by-elections on November 27, 2025, was guided by the provisions of Article 259 of the constitution, which offers guidance where constitutional timelines have lapsed.
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IEBC also pointed out that many polling stations are located in schools, and holding elections during school terms would disrupt learning and limit access to polling centers.
“In line with these principles, the Commission considered both legal and logistical realities. Notably, many polling stations are located in schools, which are in session during the initial 90-day period. Conducting elections during school terms disrupts learning and limits access to polling centers,” IEBC stated.
Further, the commission clarified that the Constitution does not prescribe specific timelines for by-elections to fill Member of County Assembly (MCA) vacancies.
“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,” IEBC concluded.
On Sunday, Nairobi Senator Edwin Sifuna raised an alarm over IEBC’s move to declare November 27 as the date for by-elections.
The ODM Secretary General said the commission flouted the constitution, saying the date for the mini poll is over 100 days after the gazette notice.
"Two back-to-back manifestly flawed decisions by the new IEBC are enough cause for alarm. Article 101(4)b requires IEBC to conduct by-elections within 90 days of issuance of writs. Unless my math is wrong, November 27th is more than 100 days away," said Sifuna.
The Nairobi Senator also took a jibe at the commission, accusing it of flouting the law when gazetting the new nominated MP to replace CS John Mbadi.
"When picking Mbadi’s replacement, the commission ignored the law on selecting the next person from the same category in which Mbadi was nominated. Mbadi was nominated under the “workers” category," he added.
The IEBC is set to conduct by-elections for Members of County Assembly in 17 wards, six National Assembly constituencies, and one Senate seat.
Political parties intending to participate in the byelections are required to submit the names and specimen signatures of their candidates before Wednesday, September 17, 2025.
The campaign period for the by-elections has been scheduled to commence on Wednesday, October 8, 2025, and cease on Monday, November 24, 2025.
