The Independent Electoral and Boundaries Commission (IEBC) has tried to calm the growing public concern about delays in holding by-elections, suggesting the constitutional 90-day limit does not apply rigorously in all situations.
Addressing in a statement released on Wednesday, the Commission explained that while Article 101(4)(b) of the Constitution requires that a by-election must take place within 90 days after a parliamentary seat has been declared vacant, the current postponements are brought about by extraordinary circumstances like the fact that most of the seats were vacant many years ago before the current IEBC team came to be.
Some of the seats remained unfilled for months or even years for example, Baringo County has been without a senator since February 16, 2025.
The other constituencies that have had vacancies are Banissa (from March 2023), Magarini (March 2023), Ugunja (August 2024), Malava (February 2025), Mbeere North (April 2025), and Kasipul (April 2025).
“These are not ordinary circumstances,” the Commission said. “When the vacancies occurred, the Commission was not fully constituted which made it impossible to initiate or conduct the by-elections within the constitutional window.”
IEBC says that instead of rushing the process or acting outside its legal mandate, it turned to Article 259 of the Constitution, which allows for a broader interpretation of time limits in situations where delays are unavoidable.
“This provision exists to ensure the Constitution is interpreted in a way that promotes its values not just strict timelines,” said the Commission. “It encourages flexibility, good governance, and the protection of fundamental rights, even when things don’t go according to plan.”
One of the practical concerns raised by IEBC is that many polling stations are located in schools and holding elections during the school term disrupts learning and creates access challenges.
The Commission also clarified that the 90-day directive was only for parliamentary seats and not for Members of County Assembly (MCA) seats, where the Constitution does not provide a timeline for by-elections.
While upholding its commitment to constitutional law, the IEBC clarified that the ideal 90-day time is only workable under normal circumstances, which this is clearly not.
“We’re operating within the spirit of the Constitution, even if the exact timeline has lapsed,” the statement read.
The clarification came after increasing pressure from citizens in affected regions, civil society, and opposition leaders, who have questioned the extensive delays and raised alarm over absence of representation.
The IEBC is asking for understanding as well as patience from Kenyans as it works to make sure all subsequent by-elections are conducted fairly, within the law, and without compromise on quality or accessibility.
