Kenya: November 27 By-Elections Aligned to 'Guiding Spirit' of the Constitution - IEBC

14 August 2025

Nairobi — The Independent Electoral and Boundaries Commission (IEBC) has defended its decision to schedule pending by-elections for November 27, saying the 90-day constitutional window was impossible to meet due to the delayed reconstitution of the Commission.

IEBC noted that while Article 101(4)(b) of the Constitution provides for a by-election within 90 days of a vacancy, the Commission was not in place to operationalize the requirement until its new members were sworn in on July 11, 2024.

"The 90-day period could not commence before the Commission was fully constituted," IEBC said in a statement issued in Mombasa on Thursday.

"This reality made it practically impossible to hold the by-elections within the original constitutional timeframe."

The electoral body added that its new leadership needed adequate time to prepare for the polls in compliance with electoral laws, including gazettement of election dates, nomination timelines, and procurement of materials.

"The Commission remains committed to conducting credible, free, and fair elections," the statement read.

"Our priority is to ensure that every electoral process meets the highest legal and administrative standards."

IEBC announced by-elections -- covering twenty-four vacant parliamentary and county assembly seats -- on Saturday assuring all stakeholders that the extended period will not compromise electoral integrity.

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