All eyes are on the new Independent Electoral and Boundaries Commission (IEBC) as it prepares to conduct a good number of by-elections on November 27. This will be new chairperson Erastus Edung Ethekon’s first real test since taking over the running of the electoral agency. He and the other six new commissioners are aware that public trust in the agency is at an all-time low.

Critics are warning that the IEBC may just have invited a legal crisis with a disputed date set for the mini-elections. They are warning of a possible breach of the constitutional timelines that could be challenged in court or an injunction filed to halt the elections. However, the electoral agency has given an assurance that there are no legal obstacles to the upcoming by-elections.

Article 101(4)(b) of the Constitution stipulates that by-elections must be held within 90 days of a vacancy being declared, unless this arises within three months of a general election.

Some of the seats have been vacant for over two years, denying the people their constitutional right of representation in the county and national assemblies.

The contests are already being seen as a litmus test for President William Ruto’s broad-based government in partnership with former Prime Minister Raila Odinga’s ODM. While the other opposition leaders see the by-elections as a chance to showcase their strength ahead of the 2027 General Election, President Ruto’s allies consider it an opportunity to consolidate his hold on power.

Victories in the 24 contests should give the President the political push he needs to go on and secure his second and final five-year term.

The IEBC should review the legal implications of the November 27 date to ensure there are no legal landmines, and if there are any potential ones, that it is not too late to fix them. To regain public confidence, the new commission must diligently and meticulously execute its first tough assignment without sparking controversy and suspicion.