Nairobi senator Edwin Sifuna has accused the Independent Electoral and Boundaries Commission (IEBC) of breaching the law in two recent decisions, warning that the moves risk undermining public confidence in the electoral body.
In a statement on Saturday, Sifuna said the Erastus Ethekon-led electoral body made its first violation when it replaced Treasury CS John Mbadi, who resigned from a nominated parliamentary seat.
Mbadi, who was nominated to Parliament by the Orange Democratic Movement (ODM) in 2022, was roped into government as part of the broad-based administration formed after a political truce between President William Ruto and ODM leader Raila Odinga.
Mbadi had been nominated under the “workers” category, and Sifuna argues the law requires his successor to come from the same category. Mbadi was replaced by Harold Kimuge Kipchumba, a person with disability.
“The commission ignored the law on selecting the next person from the same category,” he said.
The senator also faulted the IEBC’s scheduling of an upcoming by-election, saying it contravenes Article 101(4)(b) of the constitution.
The provision requires a by-election to be held within 90 days of the issuance of writs, but Sifuna said the commission’s chosen date of November 27 exceeds the limit by more than ten days.
The Independent Electoral and Boundaries Commission (IEBC) has declared that all by-elections will take place on November 27, 2025.
In a notification, the commission explained that the gazettement process for these by-elections has been carried out in two stages. The first stage involved the gazettement of 16 ward by-elections, which was completed on Friday, August 8. At the same time, the IEBC appointed the Returning and Deputy Returning Officers responsible for managing the elections.
The wards included in this initial batch are Angata Nanyokie in Samburu County; Chemundu/Kapng’etuny in Nandi County; Chewani in Tana River County; Fafi in Garissa County; Kariobangi North in Nairobi County; Kisa East in Kakamega County; and Metkei in Elgeyo Marakwet County.
Further wards scheduled for by-elections are Mumbuni North in Machakos County; Narok Town in Narok County; Purko in Kajiado County; Tembelio in Uasin Gishu County; Nyansiongo, Nyamaiya, and Ekerenyo in Nyamira County; as well as Lake Zone and Nanaam in Turkana County.
“These are two back-to-back manifestly flawed decisions,” he said. “They are enough cause for alarm.”
The IEBC has not yet responded to Sifuna’s claims. The disputes come as the commission faces heightened scrutiny ahead of several by-elections later this year.
