IEBC clarifies constitutional 90-day limit on by-elections

In a communiqué, IEBC noted that Article 101(4)(b) of the Constitution, which directs holding a by-election within 90 days of a vacancy, the slots arose long before the commission's new members were sworn in.

The IEBC said it relied on Article 259 of the Constitution, which allows flexibility in interpreting the law when dire circumstances arise, as long as it promotes its purposes, values, and principles.

For reference, IEBC's new members took office on June 10, while vacancy for Baringo Senate seat was on February 16, 2025, Banissa constituency (March 28, 2023), Magarini Constituency (March 3, 2023), Ugunja (August 8, 2024), Malava (February 17, 2025), Mbeere North (April 17, 2025), and Kasipul (April 30, 2025).

Likewise, IEBC said it considered both legal and logistical factors, noting that many polling stations are in schools and observing the original 90-day timeline would disrupt learning programme.

IEBC is expected to conduct 24 by-elections and each political party intending to participate has been instructed to submit the names before Wednesday, September 17.

Further, any public officer intending to contest must resign from their office within seven days of the notice.

The Commission will publish in the Gazette the names of those contesting in a party primary and the date of the primary within seven days of receiving the candidates' names.

The campaign period will run from Wednesday, October 8, to Monday, November 24, between 7:00 am and 6:00 pm each day.