Sifuna Slams IEBC for “Legal Gymnastics” on By-Election Delays

Nairobi, August 15, 2025 — Nairobi Senator and ODM Secretary-General Edwin Sifuna has accused the Independent Electoral and Boundaries Commission (IEBC) of undermining the Constitution by postponing crucial by-elections beyond the mandated 90-day window.

What’s at Stake

Sifuna fired a salvo via social media, denouncing IEBC’s defense as “fake news” and lambasting the Commission for performing “legal gymnastics” to justify the delays.

“Whatever the circumstances, you need to have considered that,” he wrote, stressing the constitutional imperative of timely representation.

He asserted that the requirement to hold by-elections within 90 days of issuing the writs, as stipulated in Article 101(4)(b) of the Constitution, is fundamental for upholding democratic representation.

The IEBC’s Defense

IEBC acknowledged the 90-day requirement but argued that Article 259 of the Constitution grants flexibility in “extraordinary circumstances.” The Commission cited practical constraints, such as scheduling elections during school terms disrupting learning, and vacancies arising before its current mandate began.

Consequently, IEBC has scheduled the by-elections for November 27, claiming the date complies with constitutional principles while accommodating logistical realities.

Broader Implications

• Sifuna warned that any delay erodes the right to representation, a core democratic value.

• His criticism underscores growing tensions between electoral administration and strict constitutional adherence.

• As the annexed tab for by-elections grows, so does scrutiny on the IEBC’s interpretation—and its respect for legal timelines.

At a Glance

Why This Matters

This confrontation highlights deeper debates over constitutional fidelity versus practical constraints in electoral management—crucial as Kenya prepares for several by-elections later this year. The outcome will set precedent on how strictly the 90-day rule must be enforced.