Nairobi Senator Edwin Sifuna has accused Kenya’s electoral commission of violating the law in two recent decisions, calling the actions “manifestly flawed” and a cause for national concern.
In a statement on August 10, Sifuna criticized the Independent Electoral and Boundaries Commission (IEBC) for what he described as “back-to-back” legal blunders regarding the replacement of a nominated Member of Parliament and the scheduling of a by-election.
“Two back-to-back manifestly flawed decisions by the new @IEBCKenya are enough cause for alarm,” Sifuna wrote.
When picking Mbadi’s replacement, the commission ignored the law on selecting the next person from the same category in which Mbadi was nominated. Mbadi was nominated under the ‘workers’ category.
Sifuna was referring to the recent replacement process following the resignation of nominated MP John Mbadi, a veteran ODM politician who is currently the Cabinet Secretary (CS) for The National Treasury and Economic Planning.
Sifuna on Nominations and By-Elections
According to Sifuna, the IEBC failed to follow legal provisions requiring that a nominated MP be replaced by someone from the same interest category, in this case, one representing workers.
The controversy deepened with the commission’s announcement of a by-election scheduled for November 27, a date Sifuna argues is unconstitutional.
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Citing Article 101(4)(b) of the Constitution of Kenya, which mandates that a by-election must be held “within ninety days” after the issuance of a writ, Sifuna questioned the legality of the IEBC’s timeline.
“Unless my math is wrong, November 27th is more than 100 days away,” he said.
The IEBC has not yet publicly responded to the allegations.
The twin accusations come at a critical time for the newly reconstituted electoral commission, as it works to regain public trust following previous leadership controversies.
By-election Dates
The Independent Electoral and Boundaries Commission (IEBC) announced the dates for upcoming by-elections.
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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 Members of County Assembly (MCAs).
“All By-Elections will be held on 27th November 2025. The gazettement of the By-Elections has been scheduled in two batches,” read the notice.
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), Kariobangi North (Nairobi City), Kisa East (Kakamega), Metkei (Elgeyo Marakwet), Mumbuni North (Machakos), Narok Town (Narok), Purko (Kajiado), Tembelio (Uasin Gishu), Nyansiongo, Nyamaiya, and Ekerenyo (Nyamira), as well as Lake Zone and Nanaam (Turkana).
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