By KPC Reporter
The Independent Electoral and Boundaries Commission (IEBC) has moved to address public concern over delays in holding by-elections.
The Commission explained that the 90-day constitutional limit for filling vacant parliamentary seats could not be applied under the current circumstances.
In a statement issued from Mombasa, the Commission referred to Article 101(4)(b) of the Constitution, which requires that a by-election for a vacant seat in the National Assembly or Senate be conducted within 90 days from the date the vacancy is declared.
IEBC Chairperson Erastus Ethekon explained that while this requirement holds under normal conditions, several of the vacancies arose long before the Commission was reconstituted earlier this year, making strict adherence to the timeline impossible.
Among the affected areas are Baringo County’s Senate seat, which has been vacant since February 16, 2025, Banissa Constituency (vacant since March 28, 2023), Magarini Constituency (since March 3, 2023), Ugunja Constituency (since August 8, 2024), Malava Constituency (since February 17, 2025).
Others are Mbeere North (since April 17, 2025) and Kasipul (since April 30, 2025).
According to the IEBC, the writs of election for these seats could not be acted upon because the Commission was not fully in place at the time.
The Commission noted that it relied on Article 259 of the Constitution, which allows flexibility in interpreting and applying timelines where constitutional deadlines have lapsed, provided no contrary intention is expressly stated.
This provision, IEBC said, promotes the values and principles of the Constitution, advances the rule of law and fundamental freedoms, permits the development of the law, and contributes to good governance.
Logistical challenges have also played a role in setting new dates.
IEBC pointed out that many polling stations are located in schools, which are in session during the initial 90-day period after vacancies arise.
Conducting elections during school terms would disrupt learning and limit access to polling centres.
The Commission assured the public that all upcoming by-elections will be conducted in full compliance with the Constitution and its guiding spirit.
A detailed calendar for the polls is expected soon, with political parties required to complete nominations once dates are announced.
Funding arrangements are also underway, with IEBC working with Parliament and the National Treasury to finalise allocations.
Ethekon said the Commission is keen to restore representation in constituencies that have gone without elected leaders for up to three years, adding that preparations are being made “around the clock” to ensure the mini-polls are free, fair, and credible.
