Why IEBC Says the 90-Day By-Election Rule Doesn’t Apply This Time

IEBC chairperson Erastus Ethekon addressing the media in August/ X: IEBC

The Independent Electoral and Boundaries Commission (IEBC) has clarified why upcoming parliamentary by-elections will take place beyond the 90-day constitutional limit, citing extraordinary circumstances made the strict timeline impractical.

In a statement on Wednesday, August 13, the Commission said the vacancies in question arose before it was fully constituted, making it impossible to conduct the polls within the stipulated period under Article 101(4)(b) of the Constitution.

“The people of Baringo County lost representation at the Senate on February 16, 2025, while Banissa Constituency lost representation on March 28, 2023,” the IEBC noted adding that similar delays affected Magarini, Ugunja, Malava, Mbeere North and Kasipul constituencies.

The electoral body said it relied on Article 259 of the Constitution, which allows flexibility in interpreting timelines where they have lapsed and no contrary intention is stated.

This provision, the IEBC explained, requires constitutional interpretation in a way that promotes its purposes, advances the rule of law, and contributes to good governance.

IEBC further highlighted logistical constraints, pointing out that most polling stations are in schools, which were in session during the initial 90-day period.

Holding elections then, it said, would have disrupted learning and limited access to polling centres.

“The 90-day period would apply under normal and ideal circumstances,” the Commission stated.

“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 also clarified that the Constitution does not prescribe specific timelines for filling Member of County Assembly (MCA) vacancies.