The Independent Electoral and Boundaries Commission (IEBC) has moved to address public debate over the constitutional requirement to hold parliamentary by-elections within 90 days of a seat falling vacant.
In a statement issued Wednesday, the Commission cited Article 101(4)(b) of the Constitution, which mandates that a by-election for a vacant National Assembly or Senate seat be conducted within 90 days from the declaration of a vacancy.
However, it noted that the upcoming by-elections involve seats that became vacant well before the current Commission was constituted, creating exceptional circumstances.
For instance, the Senate seat for Baringo County fell vacant on February 16, 2025, while parliamentary seats in Banissa (March 28, 2023), Magarini (March 3, 2023), Ugunja (August 8, 2024), Malava (February 17, 2025), Mbeere North (April 17, 2025) and Kasipul (April 30, 2025) have also remained unfilled.
The IEBC explained that under Article 259 of the Constitution, flexibility is allowed where constitutional timelines have lapsed, provided such interpretation promotes the Constitution’s values, advances the rule of law, protects rights and freedoms, and supports good governance.
Logistical constraints also influenced the decision, with many polling stations located in schools that are in session during the initial 90-day period, potentially disrupting learning and limiting access to voting facilities.
The Commission further clarified that the Constitution does not stipulate specific timelines for filling vacancies in County Assemblies.
The IEBC stressed that the 90-day limit applies under normal conditions, but the present situation demands an adjusted approach, which it says remains fully compliant with both the letter and spirit of the Constitution.
For official information, the public is urged to follow IEBC’s verified channels and beware of misinformation.
Written By Rodney Mbua
