The Independent Electoral and Boundaries Commission (IEBC) has announced that the upcoming by-elections for vacant Senate and Members of County Assembly seats have been set in full compliance with the 2010 Constitution.
The Commission said it has noted public concern and varied interpretations regarding the 90-day timeline for conducting by-elections, as provided under Article 101(4) of the Constitution.
In a press release sent to newsrooms, IEBC affirmed that the 90-day by-election period would apply under normal and ideal circumstances since many polling stations are located in schools.
“Currently schools are in session during the initial 90-day period. Conducting elections during school terms disrupts learning and limits access to polling centers,” the statement stated.
The Commission says it was guided by the provisions of Article 259, which offers direction where constitutional timelines have lapsed, since it allows flexibility where circumstances require and where no contrary intention is expressly stated in the Constitution.
It further notes that the Article requires that a by-election for a vacant seat for a Member of the National Assembly and Senate be conducted within 90 days when the seat is declared vacant, adding that the Constitution does not prescribe specific timelines for by-elections to fill Members of County Assembly vacancies.
The vacant seats include Baringo County Senate seat which fell vacant on 16th February 2025, while Banissa Constituency lost representation on 28th March 2023, Magarini Constituency on 3rd March 2023, Ugunja Constituency 8th August. 2024, Malava Constituency on 17th February 2025, Mbeere North Constituency 17th, February 2025, and Kasipul Constituency on 30th April 2025.
In regard to the upcoming by-elections, IEBC clarified that the seats fell vacant before the Commission was constituted, an issue that has made the body operate under extraordinary circumstances to ensure the elections take place.
IEBC also notes that while making its decision, it also considered both legal and logistical realities.
By Bernadette Khaduli
