The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to set by-election dates beyond the 90-day constitutional limit, citing extraordinary circumstances, logistical realities, and constitutional flexibility.
Addressing growing public concern, the Commission clarified that Article 101(4)(b) of the Constitution mandates parliamentary by-elections within 90 days of a vacancy declaration. However, IEBC noted that several vacancies — including those in Baringo, Banissa, Magarini, Ugunja, Malava, Mbeere North, and Kasipul — were declared long before the current Commission was constituted, making adherence to the strict timeline impractical.
“The Commission is operating under extraordinary circumstances,” the statement read, pointing to Article 259, which allows flexibility when constitutional timelines lapse and no contrary intention is stated.
IEBC also cited logistical challenges, noting that most polling stations are in schools that are in session during the initial 90-day period. Conducting elections during term time, it warned, would disrupt learning and restrict access to polling centers.
The Commission further explained that the Constitution does not prescribe specific timelines for by-elections to fill County Assembly seats, meaning the adjusted dates are still in line with the law and “its guiding spirit.”
