The Public Service Commission (PSC), on October 22, published guidelines regarding participation in the upcoming by-elections scheduled for 27th November 2025.
The statement dated October 14 by the PSC vice-chairperson, Mary W. Kimonye, addresses all public officials in the context of the upcoming by-elections.
“Following the announcement by IEBC of the upcoming by-elections to fill 24 vacant seats in Parliament and various County Assemblies on 27th November 2025, the Public Service Commission, pursuant to its mandate in Articles 234 (2)(c), hereby notifies as follows,” the statement read in part.
Resignation Requirement for Participation
As per the notice, any public officer interested in contesting in the by-elections must resign from their position within seven days following the declaration of vacancies.
The PSC circular cited Section 43(5)(A) of the Elections Act (Cap. 7) as the legal basis for this requirement.
“Public officers who intend to participate in the by-elections must adhere strictly to the resignation timelines to maintain the integrity of the public service,” said the PSC vice chair.
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According to the circular, the names of officers who have tendered their resignations should be submitted to the PSC by heads of state departments, agencies, and institutions to ensure proper record-keeping and compliance.
Restrictions on Political Activities
The PSC notice outlined that public officers are prohibited from engaging in any political activity that could compromise or appear to compromise their political neutrality.
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“Section 12 (c) and (d) of the Political Parties Act (Cap. 7D) provides that a public officer shall not engage in a political activity that may compromise or be seen to compromise the political neutrality of the office,” PSC emphasized in reference to the constitution, adding that any breach would attract disciplinary action under prevailing service regulations.
Maintaining Political Neutrality
Referring to the Conflict-of-Interest Act (No. 11 of 2025), the Leadership and Integrity Act (Cap. 185C), and the Public Service Code of Conduct and Ethics (Revised 2016), public officers are explicitly barred from acting as agents for political parties or candidates, manifesting political support, or participating in election-related activities other than voting.
“The guidelines are meant to protect the impartiality of public officers and ensure that public resources and offices are not misused for political gains,” the PSC notice stated.
The circular also directs heads of state departments and agencies to take immediate administrative action to enforce compliance and report any breaches.
Officers under all institutions are required to be informed about the contents of the notice to guarantee adherence.
November by-elections
IEBC will hold by-elections on November 27, 2025, to fill seats left vacant in Parliament and various County Assemblies.
Seats were declared vacant due to resignations, deaths, or appointments to new roles.
The campaigns are underway, and the electoral commission has assured the public of readiness and transparency.
The vacancies to be filled include one open Senate seat for Baringo County and six National Assembly constituencies.
Banissa, Kasipul, Magarini, Malava, Mbeere North, and Ugunja. Additionally, 17 Member of County Assembly (MCA) positions are up for contest in wards across multiple counties.
These include Chewani (Tana River), Fafi (Garissa), Mumbuni North (Machakos), Lake Zone and Nanaam (Turkana), Angata Nanyokie (Samburu), Tembeilo (Uasin Gishu), Metkei (Elgeyo Marakwet), Chemundu (Nandi), Narok Town (Narok), Purko (Kajiado), Kisa East (Kakamega), Nyamaiya, Ekerenyo, and Nyansiongo (Nyamira), Kariobangi North (Nairobi), and Kabuchai (Bungoma).
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