The Independent Electoral and Boundaries Commission (IEBC) has addressed growing public concerns and confusion surrounding the 90-day constitutional limit for conducting by-elections, particularly for parliamentary seats.
In a statement issued today, the electoral body clarified that Article 101(4)(b) of the Constitution of Kenya (2010) mandates a by-election for any vacant seat in the National Assembly or Senate to be conducted within 90 days after the vacancy is officially declared.
However, the IEBC emphasized that several of the current vacancies occurred before the Commission was formally reconstituted, putting it in a unique and legally complex situation.
“The Commission is operating under extraordinary circumstances for these by-elections,” the statement read.
Some of the affected constituencies and the dates on which their seats fell vacant include:
- Baringo County (Senate) – February 16, 2025
- Banissa Constituency – March 28, 2023
- Magarini Constituency – March 3, 2023
- Ugunja Constituency – August 8, 2024
- Malava Constituency – February 17, 2025
- Mbeere North Constituency – April 17, 2025
- Kasipul Constituency – April 30, 2025
The IEBC stated that in determining the appropriate course of action, it relied on Article 259 of the Constitution, which provides a flexible interpretation of timeframes under exceptional circumstances and where no contrary intention is explicitly stated.
“Article 259(1) requires that the Constitution be interpreted in a manner that promotes its purposes, values, and principles; advances the rule of law and fundamental rights and freedoms; permits development of the law; and contributes to good governance,” the Commission noted.
The clarification is aimed at reassuring the public and political stakeholders that the IEBC is acting within constitutional bounds despite delays, and is committed to delivering credible and lawful by-elections as soon as possible.
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