Why some vacant MP seats were not filled within 90 days- IEBC

The Independent Electoral and Boundaries Commission has clarified the constitutional 90-day limit for holding by-elections, following criticism and conflicting interpretations.

In a statement on Wednesday, August 13, the commission acknowledged the 90-day provision, noting that most seats fell vacant before IEBC was fully constituted. 

Hence, it clarified that it is operating under extraordinary circumstances, where constitutional timelines for mini-polls have lapsed. 

The electoral agency also clarified that most polling stations are located in schools, which were still in session during the 90 days, and as such, by-elections could not have been conducted. 

“Notably, many polling stations are located in schools, which are in session during the initial 90-day period. Conducting elections during school terms disrupts learning and limits access to polling centers,” IEBC said. 

The Constitution requires that a by-election for a vacant parliamentary seat in the National Assembly or Senate be held within 90 days of the vacancy being declared. However, IEBC noted that no such timelines are set for filling vacant Member of County Assembly seats.

IEBC said the 90-day rule applies under normal circumstances but argued that many of the current vacancies arose before it was fully constituted.

For example, the Baringo Senate seat became vacant on Feb. 16, 2025. Banissa Constituency lost its MP on March 28, 2023, while the Magarini seat fell vacant on March 3, 2023. Ugunja, Malava, Mbeere North, and Kasipul constituencies have been without representatives even longer.

IEBC said it is now guided by Article 259 of the Constitution, which allows flexibility when statutory timelines have lapsed, requiring interpretations that uphold constitutional principles and promote good governance.

The commission assured the public that all new by-election dates comply fully with constitutional requirements.

Requirements

In preparation for the upcoming by-elections, the chairperson, Erastus Ethekon, outlined key timelines and requirements for political parties and candidates.

Political parties must submit the names and signatures of authorised officials, along with the names of candidates participating in party primaries and the dates of those primaries, by September 17.

Public officers intending to vie for the seats have until tomorrow, Friday, to resign. For indirect nominations, parties are required to submit their candidate lists by October 2. 

Independent candidates must present their names and symbols by September 17, after which IEBC will publish them at least 14 days before nomination day.

Nominations for both political parties and independent candidates will take place on October 8 and 9 between 8.00 am and 1.00 pm.

Any disputes arising from the nominations must be resolved within 10 days of being filed, while campaigns are to run from October 8 to November 24, with activities allowed only between 7.00 am and 6.00 pm daily. 

Parties and candidates are also required to submit the names of their election agents by November 11.