IEBC clarifies 90-day constitutional limit for by-elections
By Joel Masibo, August 14, 2025The Independent Electoral and Boundaries Commission (IEBC) has issued a statement addressing public concerns and varying interpretations regarding the 90-day constitutional limit for conducting by-elections, as outlined under Article 101(4)(b) of the Constitution of Kenya, 2010.
On Thursday, August 14, 2025, IEBC explained that the same Article stipulates that a by-election for a vacant parliamentary seat, either in the National Assembly or the Senate, must be held within 90 days (3 months) after the seat is declared vacant. However, the IEBC pointed out that in the case of several upcoming by-elections, the vacancies arose long before the current Commission was constituted.
IEBC confirmed that different areas lost representatives at varied levels.
”Baringo County lost its Senate representative on February 16, 2025, Banissa Constituency on March 28, 2023, Magarini Constituency on March 3, 2023, Ugunja Constituency on August 8, 2024, Malava Constituency on February 17, 2025, Mbeere North Constituency on April 17, 2025, and Kasipul Constituency on April 30, 2025,” the Commission said in a statement.
Extraordinary circumstances
According to the Commission, these cases present extraordinary circumstances, making strict adherence to the 90-day limit impractical.
The IEBC based its decision on Article 259 of the Constitution, which allows flexibility in reckoning constitutional timelines when they have lapsed, provided no contrary intention is explicitly stated.
This provision also mandates that constitutional interpretation should:
1. Promote the Constitution’s purposes, values, and principles.
2. Advance the rule of law and fundamental rights and freedom.
3. Permit development of the law.
4. Contribute to good governance.
The Commission further noted that logistical and legal realities were considered when setting the by-election timelines. Many polling stations are located in schools, which are in session during the initial 90-day period.
Holding elections at such times would disrupt learning and limit access to polling centres.
Additionally, the IEBC clarified that the Constitution does not prescribe specific timelines for by-elections to fill Members of County Assembly (MCA) vacancies, meaning different considerations can be applied in such cases.
The Commission reassured the public that while the 90-day timeline remains the standard under normal conditions, the current schedules for the upcoming by-elections are fully compliant with the Constitution’s letter and spirit.
The Independent Electoral and Boundaries Commission (IEBC) has announced that all by-elections will be conducted on November 27, 2025, marking the end of a prolonged period in which some vacant seats had remained without elected leaders for a long time.