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.
