NAIROBI, Kenya, Jul 12 – The newly constituted Independent Electoral and Boundaries Commission (IEBC) is facing its first major test following the its assumption on Friday as six National Assembly seats and one Senate seat remain vacant.
While the swearing-in of a new Chairperson and six commissioners signaled hope, focus shifts to the Commission as thousands of unrepresented voters await by-elections in their respective constituencies.
The Commission, chaired by Edung Ethekon, was formally sworn in at the Supreme Court in a ceremony presided over by Chief Justice Martha Koome, marking the end of a prolonged leadership vacuum at the electoral agency.
The IEBC had operated without a fully constituted Commission since early 2023.
With the team now in place, attention has turned to the urgent task of organizing by-elections in the six constituencies and one senatorial post that have fallen vacant since 2023.
Article 101 of the Constitution requires that a by-election be held within ninety days of the official declaration of a vacancy in the National Assembly.
However, the IEBC’s inability to operate during its leadership hiatus led to prolonged delays.
With the Commission now fully constituted, preparations for the overdue by-elections are expected to begin.
In Magarini Constituency, Harrison Kombe’s election as MP in August 2022 was nullified by the High Court due to irregularities.
The Court of Appeal upheld the ruling on May 31, 2024, officially vacating the seat. Magarini, home to nearly 177,000 residents across eight wards in Kilifi County, has remained without a representative since the court’s ruling.
Election schedules
In Banisa Constituency, the seat became vacant in March 2023 following the death of MP Kullow Hassan Aden in a road traffic accident.
Located in Mandera County, Banisa has remained unrepresented for over two years.
Ugunja Constituency fell vacant following the resignation of long-serving MP Opiyo Wandayi in July 2024 after his appointment as Cabinet Secretary for Public Service. The seat has remained unfilled since his mid-term departure.
Malava Constituency became vacant after the death of MP Malulu Injendi in February 2025 after a short illness, prompting the need for a by-election.
Geoffrey Ruku, now Cabinet Secretary for Public Service, vacated his parliamentary seat in April 2025 following his appointment to the Executive. The seat awaits official gazettement ahead of a by-election.
In Kasipul Constituency, MP Charles Ong’ondo Were was shot dead on April 30, 2025, while stopped at a traffic light on Ngong Road in Nairobi, leaving the seat vacant.
A senatorial seat also became vacant in Baringo County following the death of Senator William Kipkorir Cheptumo in February 2025.
Cheptumo, who had also served as Chairperson of the Senate Justice, Legal Affairs and Human Rights Committee, passed away at the age of 57 after a short illness.
Political parties are expected to begin preparing for the upcoming contests in the six constituencies and the senatorial seat once the vacancies are officially gazetted and by-election dates scheduled.
With its leadership crisis now resolved, the IEBC is also expected to resume other critical functions, including continuous voter registration, the constitutionally mandated review of constituency boundaries, and preparations for the highly anticipated 2027 General Election.
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