The Independent Electoral and Boundaries Commission (IEBC) is under pressure over its decision to schedule several parliamentary by-elections for November 27, 2025 , a date critics say blatantly overshoots the constitutionally mandated 90-day limit for filling vacant seats.
Article 101(4)(b) of the Kenyan Constitution requires that a by-election be held within 90 days of a vacancy being declared. But the IEBC insists that “extraordinary circumstances” and logistical realities made the extended timeline unavoidable.
“The 90-day period would apply under normal and ideal circumstances. However, due to the unique situation at hand, the timelines for these by-elections have been set in full compliance with the Constitution and its guiding spirit,” the commission stated.
Nairobi Senator Edwin Sifuna has been among the most vocal critics, accusing the IEBC of “legal gymnastics” to justify what he calls a violation of the Constitution.
“November 27 is more than 100 days away from the gazette notice declaring the vacancies,” Sifuna said. “Representation is at the core of our constitutional democracy, and prolonged delays undermine it.”
The electoral body’s defense centers on two main points. First, many of the current vacancies such as the Baringo Senate seat (vacant since February 16, 2025) and Banissa Constituency (vacant since March 28, 2023) arose before the current commission was fully constituted. This meant the original 90-day deadlines had already expired before the IEBC was in a position to act.
Second, the commission cited Article 259 of the Constitution, which allows for flexible interpretation of timelines when strict compliance is impossible, as long as constitutional principles are upheld.
Beyond legal interpretation, the IEBC pointed to practical challenges. Many polling stations are located in schools, which were in session during the initial 90-day period. “Conducting elections during school terms disrupts learning and limits access to polling centers,” the commission noted.
The IEBC also clarified that while parliamentary by-elections have a 90-day requirement, the Constitution sets no similar deadline for filling vacant Member of County Assembly (MCA) seats.
Despite the controversy, the IEBC is pressing ahead with preparations. Key timelines include:
September 17: Deadline for political parties to submit names of authorised officials, primary candidates, and primary dates; deadline for independent candidates to submit names and symbols.
October 2: Deadline for parties making indirect nominations to submit candidate lists.
October 8th to 9th: Nomination days for all candidates.
October 8th to November 24th: Official campaign period, limited to 7:00 am to 6:00 pm daily.
November 11th: Deadline for submitting names of election agents.
The by-elections will fill vacant seats in constituencies including Magarini, Ugunja, Malava, Mbeere North, and Kasipul – some of which have lacked representation for over a year.
