Nairobi Senator Edwin Sifuna has criticised the Independent Electoral and Boundaries Commission (IEBC) over its interpretation of the 90-day constitutional limit for conducting by-elections.
In a statement on Thursday, August 14, Sifuna accused the electoral body of attempting to justify an open violation of the Constitution.
"Rich, how you include stop fake news in a post that is entirely fake news. You are performing legal gymnastics to justify an open violation of the Constitution," he said.
The IEBC had argued that circumstances, including the fact that some parliamentary seats had been vacant before the commission was constituted, justified setting by-election dates beyond the 90-day window.
However, Sifuna dismissed this reasoning, stressing that the constitutional deadline exists to safeguard the principle of representation in the country’s governance.
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"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," he added.
In its statement earlier Thursday, IEBC also explained that the 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.
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," the statement read in part.
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," the statement concluded.
