The Independent Electoral and Boundaries Commission (IEBC) has announced that the upcoming by-elections for vacant parliamentary and county assembly seats have met compliance requirements of the Constitution 2010.

The commission said it has noted public concern and varied interpretation with regard to the 90-day timeline for conducting by-elections as provided in Article 101(4) of the constitution. 

Given the unusual circumstances the elections body finds itself in, the by-elections will be held after schools close in November. Schools are traditionally used as polling centres.

In a press release sent to newsrooms, IEBC affirmed that the 90-day by-election period would apply under normal and ideal circumstances since many polling stations are located in schools. 

“Currently schools are in session during the initial 90-day period. Conducting elections during school terms disrupts learning and limits access to polling centres,” the statement stated.

The commission says it was guided by the provisions of Article 259, which offers direction where constitutional timelines have lapsed, since it allows flexibility where circumstances require, and where no contrary intention is expressly stated in the Constitution.

It further notes that the Article requires that a by-election for a vacant seat for a Member of National Assembly and Senate be conducted within 90 days, when the seat is declared vacant, adding that the Constitution does not prescribe specific timelines for by-elections to fill Members of County Assembly vacancies.

The vacant seats include Baringo County Senate seat, which fell vacant on February 16, 2025, while Banissa Constituency lost representation on March 23, 2023, Magarini Constituency on March 3, 2023, Ugunja Constituency August 8. 2024, Malava Constituency February 17, 2025, Mbeere North Constituency May 17, 2025 and Kasipul Constituency April 30, 2025.

With regards to the upcoming by-elections, IEBC clarified that the seats fell vacant before the commission was constituted, an issue that has made the body to operate under extraordinary circumstances to ensure the elections take place.

IEBC also notes that while making its decision it also considered both legal and logistical realities.

• A Tell Media / KNA report / By Bernadette Khaduli