The Independent Electoral and Boundaries Commission (IEBC) has justified its decision to conduct upcoming by-elections on November 27, saying the date complies with the Constitution despite surpassing the 90-day limit for filling parliamentary vacancies.

In a statement on Thursday, the commission said Article 101(4)(b) of the Constitution requires a by-election within 90 days after a vacancy is declared.

However, it noted that some of the current vacancies arose long before the present commission was in place, making it impossible to meet the initial timelines.

Vacancies cited include Baringo County’s Senate seat, which became vacant on February 16, 2025, and Banissa Constituency, whose seat fell vacant on March 28, 2023.

Others are Magarini Constituency (March 3, 2023), Ugunja Constituency (August 8, 2024), Malava Constituency (February 16, 2025), Mbeere North Constituency (April 17, 2025), and Kasipul Constituency (April 30, 2025).

The IEBC said it relied on Article 259 of the Constitution, which allows flexibility in reckoning time when circumstances require, as long as no contrary intention is stated.

This provision also requires the Constitution to be interpreted in a way that promotes its purposes, upholds the rule of law, advances rights, develops the law, and supports good governance.

It further explained that both legal principles and logistical realities informed the choice of date, noting that most polling stations are in schools, which are in session during the original 90-day window.

“Conducting elections during school terms disrupts learning and limits access to polling centers,” the statement read.

The Erastus Ethekon-led commission also clarified that the Constitution does not set specific timelines for by-elections to fill vacancies for Members of County Assembly (MCAs). It maintained that while the 90-day rule applies in normal situations, the present circumstances are exceptional.

“Due to the unique circumstances at hand, the timelines for these by-elections have been set in full compliance with the Constitution and its guiding spirit,” it said.

Last week, IEBC directed political parties intending to participate to submit names of candidates by Wednesday, September 17.

Public officers intending to contest must resign from their positions within seven days of the notice.

The commission will publish in the Gazette the names of those contesting in party primaries and the date of the primaries within seven days of receiving candidate lists.

Independent candidates must not have been members of any political party for at least three months before the election and must also submit their names by September 17.

Campaigns will run from Wednesday, October 8, to Monday, November 24, between 7:00 am and 6:00 pm daily.

Political parties and candidates must submit names of their election agents by Tuesday, November 11, while the IEBC will use the certified voter register published on June 21, 2022.