Several constituencies could be set for by-elections after the Independent Electoral and Boundaries Commission is fully constituted within the next two months.
Interviews to determine the new chairperson for the electoral body commenced on March 27, with several renowned names hoping to impress the selection panel enough to land the job. More importantly, the appointment of a new chairperson alongside commissioners comes at a crucial time, as several constituencies in the country have been operating without a lawmaker for one reason or another.
The IEBC, through its new commissioners and chairperson, will be mandated to conduct any pending by-elections, but this will be largely dependent on the completion of the reconstitution process and the commission's subsequent preparations.
That said, there are some constitutional irregularities as far as the IEBC is concerned since Article 101 of the 2010 Constitution states that whenever a vacancy in the parliamentary or senatorial seat occurs, a by-election shall be held within 90 days.
For some constituencies in the country, the vacancy has exceeded the 90 days stipulated in the constitution, begging the question of whether it is constitutionally viable to hold by-elections with the next general polls less than three years away.
Among constituencies whose residents will be waiting to see whether they will go to the polls again are Banisa Constituency, Magarini Constituency, and Ugunja Constituency in Mandera, Kilifi, and Siaya counties, respectively.
Kisa East Ward in Kakamega, Chewana Ward in Tana River, and Nyamai Ward in Nyamira also do not have representation in the County Assembly and are subject to a by-election.
Banisa constituency has been without a Member of Parliament for nearly two years after the death of Kullow Hassan in March 2023. The lawmaker succumbed to his injuries after a hit-and-run motorcycle accident near Capital Centre in South B.
Elsewhere, the Magarini Constituency seat has been vacant since March 2024 after the High Court nullified Harrison Kombe's August 2022 election on the grounds that he allegedly manipulated the results.
In Ugunja, the seat was rendered vacant after MP Opiyo Wandayi was appointed as the Cabinet Secretary of Energy and Petroleum in July 2024. The constituency has been without a lawmaker since.
Like Ugunja, Gwassi Constituency also dealt with a similar fate, as the parliamentary seat was rendered empty after John Mbadi was appointed the Treasury Cabinet Secretary in July 2024.
More recently, Malava Constituency was rendered without an MP after the death of Malulu Injendi, whose death was confirmed on February 17.
Finally, Mbeere North constituency is also set to lack a lawmaker after their MP Geoffrey Ruku was handpicked by President William Ruto to replace Justin Muturi as the Cabinet Secretary for Public Service, Human Capital Development and Special Programmes.
