IEBC DEFENDS DELAY IN BY-ELECTIONS, CITES CONSTITUTIONAL FLEXIBILITY

The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to hold upcoming by-elections on November 27, 2025, beyond the constitutional 90-day limit, citing exceptional circumstances.
In a statement, the Commission explained that several parliamentary and county assembly seats fell vacant before its reconstitution on June 10, 2025, making it impossible to conduct polls within the timeframe prescribed under Article 101(4)(b) of the Constitution.
IEBC Chairperson Erastus Ethekon said the Commission invoked Article 259 of the Constitution, which allows flexible interpretation of timelines once they have lapsed, provided the spirit and objectives of the Constitution are upheld.
Vacant seats affected include the Baringo Senate seat, Banissa, Magarini, Ugunja, Malava, Mbeere North, and Kasipul constituencies. The Commission also cited logistical constraints, noting that many polling stations are in schools, and an earlier election date would have disrupted learning.
The electoral body will conduct 24 by-elections across the country, with political parties required to submit candidate lists by September 17. Campaigns will run from October 8 to November 24.
Opposition figures, including ODM Secretary-General Edwin Sifuna, have criticised the move, terming it a violation of the Constitution and warning that prolonged delays deny citizens representation.