The Independent Electoral and Boundaries Commission (IEBC) has issued a clarification on why By-Elections will be held on November 27, 2025.
In a notice dated August 13, IEBC stated that it scheduled the by-elections for November because the affected seats became vacant before the current Commission was constituted, meaning the 90-day constitutional limit had already lapsed.
“The Independent Electoral and Boundaries Commission (IEBC) has noted public concern and varied interpretations regarding the 90-day timeline for conducting by-elections, as provided under Article 101(4)(b) of the Constitution of Kenya, 2010. This Article requires that a by-election for a vacant parliamentary seat (Member of the National Assembly and Senate) be conducted within 90 days, when the seat is declared vacant,” read part of the statement.
This comes after Nairobi Senator Edwin Sifuna mounted pressure on the electoral body, questioning why the November 27 date does not fall within the 90-day limit, adding that no circumstance should allow the by-election to be delayed beyond the constitutional timeframe.
“The reason why you are required to conduct by-elections within 90 days of the writs is because of the broader importance of representation in the constitutional order. Whatever the circumstances, you need to have considered that,” Sifuna said.
IEBC Clarifies Decision to Hold By-Elections in November
The electoral body stated that since the current Commission was not in place before the period elapsed, the situation is considered unique, noting that the Constitution allows flexibility where timelines have expired and no contrary intention is stated.
“The Commission affirms that the 90-day period would apply under normal and ideal circumstances. However, due to the unique situation at hand, the timelines for these by-elections have been set in full compliance with the Constitution and its guiding spirit,” read part of the statement.
“It allows flexibility in reckoning time where circumstances require, and where no contrary intention is expressly stated in the Constitution.”
Also Read: IEBC Reveals By-Elections Dates [Full List]
The Commission added that most polling stations are in schools, which were in session during the initial 90-day period.
Hence, conducting elections during school terms disrupts learning and limits access to polling centres.
Additionally, IEBC pointed out that the Constitution does not specify timelines for filling county assembly vacancies, suggesting that some electoral timelines are inherently flexible.
“It is also important to note that the Constitution does not prescribe specific timelines for by-elections to fill Members of County Assembly (MCA) vacancies,” read the statement.
Also Read: IEBC Invites Kenyans to Apply for Accreditation Ahead of By-Elections
IEBC Announces By-Elections
In a gazette notice dated August 8, 2025, the electoral body stated that all the by-elections will be held on November 27, 2025, for vacant Members of County Assembly (MCAs) seats.
According to a gazette notice, the vacancies arose following declarations made by respective County Assembly Speakers for the following wards: Angata Nanyokie (Samburu), Chemundu/Kapng’etuny (Nandi), Chewani (Tana River), Fafi (Garissa), and Kariobangi North (Nairobi City).
Other wards whose MCA seats are vacant include Kisa East (Kakamega), Metkei (Elgeyo Marakwet), Mumbuni North (Machakos), Narok Town (Narok), Purko (Kajiado), Tembelio (Uasin Gishu), Nyansiongo, Nyamaiya, Ekerenyo (Nyamira), as well as Lake Zone and Nanaam (Turkana).
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