Nairobi Senator Edwin Sifuna has questioned the Independent Electoral and Boundaries Commission’s (IEBC) interpretation of the constitutional timelines for conducting by-elections.
In a post on X, Sifuna took issue with the Commission’s press release, which sought to clarify the 90-day constitutional limit for by-elections.
“You are performing legal gymnastics to justify an open violation of the Constitution. The reason why you are required to conduct by-elections WITHIN 90 days of the writs is because of the broader importance of representation in the constitutional order," Sifuna said.
IEBC has defended its decision to schedule several pending by-elections outside the 90-day window, citing what it described as “extraordinary circumstances.”
It has set November 27 for the mini-polls.
In its statement, the Commission explained that some vacancies arose long before its current composition, with examples including the loss of representation for Baringo County in February 2025 and Banissa Constituency as far back as March 2023.
Quoting Article 259 of the Constitution, IEBC argued that the law allows flexibility in interpreting timelines where they have lapsed, provided such interpretation upholds constitutional principles and values.
The Commission also pointed to logistical constraints, such as many polling stations being located in schools during active terms, which would disrupt learning.
“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 stated.
It further noted that by-elections for Ward Representatives do not have timelines.
“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 electoral body added that it also considered legal and logistical issues around the election before settling on the date.
Sifuna, however, maintained that the constitutional requirement is clear and must be applied consistently.
He warned that prolonged delays in by-elections risk undermining representation, a cornerstone of Kenya’s constitutional democracy.
“Whatever the circumstances, you need to have considered that. I suspect you guys never actually counted the days, very dangerous when you consider how central COUNTING is to your mandate,” he said.
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.
The second batch of the gazette notice, it stated, 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.
