Sifuna Alleges IEBC Violated Constitution with By-Election Timeline and MP Replacement

Nairobi, Kenya — ODM Secretary General and Nairobi Senator Edwin Sifuna has accused the Independent Electoral and Boundaries Commission (IEBC) of defying constitutional and legal mandates in two recent decisions: scheduling by-elections beyond the 90-day limit prescribed by Article 101(4)(b), and replacing nominated MP John Mbadi with a person from a different nomination category.

Context & Details

1. By-Election Dates Challenge

• IEBC has gazetted November 27, 2025, as the date for pending by-elections across various counties and constituencies. Political party candidate submissions are due by October 2, and independent candidate submissions by September 17, with campaigns running from October 8 to November 24.

• Article 101(4)(b) of the Constitution mandates that by-elections for vacant MP or Senate seats be conducted within 90 days of a writ being issued or vacancy being communicated by the relevant Speaker.

• Sifuna points out that if the writs were issued in late July or early August, holding the election on November 27exceeds the constitutional window, stretching the gap to over 100 days.

2. Contested Replacement of Nominated MP

• John Mbadi, initially nominated under the ‘workers’ category, vacated his National Assembly seat upon being appointed Treasury CS.

• IEBC replaced him with Harold Kimuge Kipchumba, nominated under the Persons with Disabilities (PWD)category instead.

• Sifuna argues this is a clear misinterpretation—or disregard—of the law, which requires a nominee to be replaced from the same nomination category.

• IEBC, however, defends its decision, saying the reallocation was conducted under Section 37 of the Elections Actand Regulation 56 of the Elections (General) Regulations—factors they believe give them latitude to follow party list rankings submitted during the 2022 General Election.

Summary Table

What’s at Stake

• Constitutional Credibility: If proven, the IEBC’s missteps could raise serious concerns about its respect for constitutional timelines and electoral fairness.

• Political Consequences: Affected parties, especially ODM, may explore legal avenues to contest both the by-election timing and Kimuge’s nomination.

• IEBC’s Reputation: Two consecutive controversial decisions may erode public trust in the Commission—especially ahead of the 2027 general election.

What Happens Next

• Watch for legal challenges or court injunctions triggered by ODM or other aggrieved parties.

• Keep an eye on IEBC’s public response or clarification on both issues.

• Monitor how this tension shapes public confidence in the electoral process heading into 2027.