IEBC Defends November By-Elections as Sifuna Cites Constitutional Breach

The Independent Electoral and Boundaries Commission (IEBC) is at the center of a growing controversy over its decision to hold by-elections on 27 November. 

The move has drawn sharp criticism from several political leaders, who argue that the scheduled date may violate constitutional guidelines. Leading the opposition is Nairobi Senator Edwin Sifuna who has questioned whether the IEBC is respecting the legal deadlines set out in the Constitution. The dispute centers on Article 101(4)(b), which requires that a by-election be held within 90 days after a parliamentary seat becomes vacant.

Sifuna contends that the IEBC’s chosen date exceeds this 90-day limit, thereby breaching the Constitution and threatening the credibility of the electoral process. In response, the IEBC has defended its decision, citing exceptional circumstances that have affected the timing of the polls. The Commission has pointed to Article 259 of the Constitution, which allows for a more flexible interpretation of timeframes when a strict reading would be impractical.

According to the IEBC, several of the vacant seats in question have remained unfilled since 2023, before the current Commission was in place. It argues that logistical challenges, including conflicts with the school calendar—since many polling stations are located in schools—made it difficult to conduct the elections earlier without causing significant disruption.