New IEBC Faces First Major Test as Seven Parliamentary Seats Remain Vacant

Kenya’s newly reconstituted Independent Electoral and Boundaries Commission (IEBC) has officially taken office, but its first major challenge is already looming—conducting by-elections in six National Assembly constituencies and one Senate seat left vacant since 2023.

The seven vacant seats have left thousands of voters across multiple counties without parliamentary representation, prompting growing calls for swift electoral action.

The new Commission, chaired by Edung Ethekon, was sworn in on Friday, July 11, 2025, at the Supreme Court in a ceremony presided over by Chief Justice Martha Koome. This marked the end of a leadership vacuum that crippled the IEBC’s operations for more than a year.

With the Commission now fully constituted, there is no excuse for further delays,” remarked a senior electoral official familiar with IEBC’s internal planning.

Constitutional Deadline in Spotlight

Under Article 101(4)(b) of Kenya’s Constitution, a by-election must be held within 90 days of the declaration of a parliamentary seat’s vacancy. However, due to the Commission’s prolonged dysfunction, several constituencies have remained without representation for far longer than the constitutional timeframe allows.

The vacant seats include:

1. Magarini Constituency (Kilifi County) – Seat declared vacant after the High Court nullified MP Harrison Kombe’s election due to electoral irregularities. The Court of Appeal upheld the decision on May 31, 2024.
2. Banisa Constituency (Mandera County) – MP Kullow Hassan Aden died in a road accident in March 2023, and the seat has remained unfilled for over two years.
3. Ugunja Constituency (Siaya County) – Former MP Opiyo Wandayi resigned in July 2024 after his appointment as Cabinet Secretary for Public Service.
4. Malava Constituency (Kakamega County) – MP Malulu Injendi passed away in February 2025 following a brief illness.
5. Mbeere North Constituency (Embu County) – Former MP Geoffrey Ruku resigned in April 2025 after joining the Executive.
6. Kasipul Constituency (Homa Bay County) – MP Charles Ong’ondo Were was fatally shot on April 30, 2025, in Nairobi.
7. Baringo County Senatorial Seat – Senator William Kipkorir Cheptumo died in February 2025 after a short illness. He also served as Chair of the Senate Justice, Legal Affairs, and Human Rights Committee.

Once the IEBC officially gazettes these vacancies, by-election dates are expected to follow swiftly. Political parties have already begun internal consultations and preparations in anticipation of the upcoming mini-contests.

IEBC’s Broader Mandate Resumes

Beyond the pending by-elections, the newly sworn-in Commission is also tasked with:

• Resuming continuous voter registration.
• Preparing for the 2027 General Election.
• Overseeing the review of constituency and ward boundaries, another constitutional requirement delayed due to the leadership vacuum.

The prolonged absence of a fully constituted electoral body had stalled critical democratic functions. Analysts say the Commission’s first 100 days will be pivotal in setting the tone for public trust ahead of the 2027 polls.

The IEBC must demonstrate urgency, transparency, and independence in handling the by-elections to regain public confidence,” said political analyst Mercy Oyugi.

The return of a functional IEBC comes at a time of intense public scrutiny over electoral accountability, and the Commission’s response to this first challenge will likely define its credibility in the years ahead.