The Independent Electoral and Boundaries Commission has
clarified why it set November 27, 2025, as the date for upcoming by-elections.
In a statement, responding to concerns raised by a section
of Kenyans that the date set exceeds the Constitutional 90 days, IEBC said it
had set the dates in compliance with the constitution and its guiding spirit.
It affirmed that under normal and ideal circumstances, the
elections would have been held within 90 days.
“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 said that it was guided by Article 259, which
guides whenever constitutional timelines have passed.
It further noted that all by-elections, especially for
Members of Parliament, had passed the set timelines.
“The Commission was guided by the provisions of Article 259,
which offers guidance where constitutional timelines have lapsed.
“It allows flexibility in reckoning time where circumstances
require, and where no contrary intention is expressly stated in the
Constitution,” IEBC said.
The electoral body added that it also considered legal and
logistical issues around the election before settling on the date.
“The Commission considered both legal and logistical
realities. Notably, many polling stations are located in schools, which are in
session during the initial 90-day period. Conducting elections during school
terms disrupts learning and limits access to polling centres.”
IEBC further noted that by-elections for Ward
Representatives do not have timelines.
“It is also important to note that the Constitution does not
prescribe specific timelines for by-elections to fill Members of County
Assembly (MCA) vacancies.”
This comes barely a week after the Independent Electoral and
Boundaries Commission announced that all by-elections will be conducted on
November 27, 2025.
In a notice, the electoral agency said the gazetting of the
by-elections has been scheduled in two batches.
The commission said gazettement for 16 ward by-elections was
done on Friday, August 8, alongside the appointment of Returning and Deputy
Returning Officers who will conduct the polls.
The wards include Angata Nanyokie Ward in Samburu county,
Chemundu/Kapng’etuny Ward in Nandi county, Chewani Ward in Tana River county,
Fafi Ward in Garissa county, Kariobangi North Ward in Nairobi county, Kisa East
Ward in Kakamega county and Metkei Ward in Elgeyo Marakwet county.
Others are Mumbuni North Ward in Machakos county, Narok Town
Ward in Narok county, Purko Ward in Kajiado county, Tembelio Ward in Uasin
Gishu county, Nyansiongo, Nyamaiya and Ekerenyo Wards in Nyamira county, as
well as Lake Zone and Nanaam Wards in Turkana county.
IEBC said the second batch of the gazette notice will be
published on Monday, August 11, 2025.
This will cover the by-election for the Member of Senate in
Baringo county, Members of the National Assembly for Banissa, Kasipul,
Magarini, Malava, Mbeere North and Ugunja constituencies, and the Member of
County Assembly for Kabuchai/Chwele Ward in Bungoma county.
