Nairobi Senator Edwin Sifuna has sharply criticized the Independent Electoral and Boundaries Commission (IEBC) for what he called “legal gymnastics” to avoid following the constitutional 90-day limit for holding by-elections.
In a post on his official X account on Thursday, August 14, 2025, Sifuna expressed his frustration over the commission’s latest press release, which sought to clarify the timelines for conducting by-elections after writs are issued.
He described the clarification as misleading and insisted that the Constitution is clear on the requirement.
“Rich, how do you include #StopFakeNews on a post that is entirely fake news. You are performing legal gymnastics to justify an open violation of the Constitution,” Sifuna wrote.
He argued that the 90-day limit is not arbitrary but essential to ensure citizens have continuous representation.
According to him, failing to hold elections on time undermines this principle. Sifuna added that he suspected the commission had not properly counted the days, calling it a dangerous oversight given that accurate timekeeping is central to its mandate.
The remarks from Sifuna followed a statement by the IEBC, which sought to address criticism over delays in setting by-election dates.
The commission explained that while the Constitution sets a 90-day timeline from the issuance of writs, certain procedural and logistical challenges can affect scheduling.
These include procurement timelines, nomination processes, and the need for public participation.
IEBC also referred to Article 259, which allows some flexibility when constitutional timelines are affected by factors outside the commission’s control.
The body emphasized its commitment to conducting elections in a credible and transparent manner while following the law.
Despite this, Sifuna dismissed the explanation, warning that bending the rules could set a harmful precedent for future elections.
He argued that delays compromise citizens’ right to timely representation in Parliament and county assemblies and risk eroding public confidence in the electoral body’s neutrality.
For him, the solution is straightforward, simply adhere to the 90-day limit and conduct elections without unnecessary delays.
The debate over this constitutional requirement has gained attention as several constituencies and wards continue to lack elected representatives months after vacancies occurred.
Observers note that the standoff highlights the tension between constitutional deadlines and the practical challenges faced by the commission in organizing elections.
Sifuna’s insistence on following the 90-day rule reflects broader concerns about maintaining accountability and trust in Kenya’s electoral process.
Ensuring timely by-elections is not about politics or logistics but about respecting the Constitution and upholding citizens’ right to representation.
He repeatedly stressed that the commission must “count the days” and act without further delay to avoid undermining the integrity of the electoral system.
This confrontation signals ongoing pressure on the IEBC to balance legal compliance with operational realities while facing scrutiny from political leaders and the public alike.
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