The Independent Electoral and Boundaries Commission (IEBC) has dismissed claims that setting the date for upcoming by-elections on November 27 violates the law.

The clarification comes after Nairobi Senator and ODM Secretary General Edwin Sifuna accused the Commission of acting against the Constitution. On Sunday, August 10, Sifuna said recent IEBC decisions, including the by-election timeline, were “alarming” and possibly unconstitutional.

He cited Article 101(4)(b) of the Constitution, which requires by-elections to be held within 90 days after issuing writs, arguing that the November date was more than 100 days away.

In its response on August 13, IEBC said the vacancies arose long before the current Commission was appointed, creating “exceptional circumstances.” These include the Baringo Senate seat, vacant since February 16, 2025, and Banissa Constituency, which has had no MP since March 28, 2023. Other affected areas are Magarini, Ugunja, Malava, Mbeere North, and Kasipul constituencies.

The Commission said it relied on Article 259 of the Constitution, which allows flexible interpretation of timelines when delays are caused by unavoidable factors, provided the spirit of the law is upheld.

IEBC added that the 90-day rule applies under normal circumstances, but logistical challenges—such as most polling stations being located in schools that were in session—made an earlier date impractical.

“In line with these principles, the Commission considered both legal and logistical realities. 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 stated.

The electoral body also noted that the Constitution does not set a strict deadline for filling vacant MCA seats. It said the November 27 date aligns with constitutional principles of good governance, public convenience, and the rule of law.