Nairobi Senator Edwin Sifuna has sharply criticised the Independent Electoral and Boundaries Commission (IEBC), accusing it of making two constitutionally questionable decisions since the new commissioners assumed office.
In a statement issued on Sunday, August 10, 2025, Sifuna faulted the electoral body over its scheduling of the upcoming by-elections, arguing that the chosen date of November 27 falls outside the constitutionally mandated 90-day period after writs are issued. Citing Article 101(4)(b) of the Constitution, he claimed the decision blatantly disregarded the law.
“Two back-to-back manifestly flawed decisions by the new IEBC are enough cause for alarm,” Sifuna said, adding that November 27 is more than 100 days away, in violation of the legal timeframe.
ODM Party SG Edwin Sifuna. Photo: Nation Source: X
The IEBC, led by Chairperson Erastus Edung Ethekon, announced on Saturday that the by-elections will be held in two phases, covering vacant Member of County Assembly positions in ten wards, as well as several parliamentary and senatorial seats.
The first phase will address vacancies in wards including Angata Nanyokie in Samburu, Kariobangi North in Nairobi City, and Kisa East in Kakamega County.
The second will involve elections for the Baringo Senator seat and parliamentary seats in Banissa, Kasipul, Magarini, Malava, Mbeere North, and Ugunja.
Sifuna also challenged the commission’s handling of the replacement of John Mbadi in the National Assembly.
Mbadi, nominated under the “workers” category, was succeeded by Harold Kimuge Kipchumba, who was nominated under the Persons with Disabilities category. Sifuna argued that the law requires a nominee to be replaced by the next person in the same category.
IEBC boss Erastus Ethekon Edung during a past media presser. Photo: IEBC Source: Facebook
However, IEBC defended its decision, citing Section 37 of the Elections Act and Regulation 56 of the Elections (General) Regulations, 2012.
It maintained that Kipchumba was the next eligible nominee on the party’s submitted list and met all legal requirements, including the gender balance consideration.
Despite growing political criticism, the commission has stood by both decisions, signalling that it does not intend to alter the November 27 by-election date or reverse the controversial nomination.
