IEBC dismisses fake notice on fresh parliamentary elections
By Luke Oluoch, August 20, 2025The Independent Electoral and Boundaries Commission (IEBC) has distanced itself from a communication purporting that the commission is prepared to conduct fresh elections for all parliamentary seats within 90 days if the Supreme Court rules for the dissolution of Parliament by the president.
According to a statement on its X page this Wednesday, August 20, 2025, the independent body flagged the communication as fake news.
According to the communication from the poster, it claimed that the electoral body would call for fresh elections upon the dissolution of parliament in line with the recent legal happenings, especially around the Supreme Court of Kenya.
“The Commission has taken note of the proceedings before the Supreme Court concerning the possible dissolution of Parliament.
“In the event that the Court issues a ruling directing the Chief Justice to advise the President on dissolution, IEBC will be guided strictly by the Constitution. Article 101 and Article 261 require that fresh elections for Members of the National Assembly and Senators be held within ninety (90) days of the Presidential proclamation,” the flagged poster adduced.
The poster additionally stated that the presidency and county governments would continue to operate without interruption.
The flagging of the fake document by the electoral body comes after it 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.
In a clarification 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.
Clarification on bylection timelines
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 further 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.