For almost two and a half years, the Independent Electoral and Boundaries Commission (IEBC) operated without a chairperson or members. This led to a constitutional crisis that has left many Kenyans without representation following deaths, resignations and judicial rulings that affected those who were elected to represent the respective electoral areas.

As a result, there are 23 pending by-elections in various electoral areas. These include the Senate (1), the National Assembly (6), and the Members for County Assemblies (16). “This is our priority given the fact that the people in those affected areas must have their elected representatives within the shortest time possible,” IEBC Chairperson, Erastus Edung Ethekon, reassured.

The new team took over the office on July 11, 2025, and has already been apprised of the Commission’s activities, as well as the planned preparations in the run-up to the August 10, 2027, general election.

Speaking during a media stakeholders’ engagement on August 6 in Nairobi, the IEBC chairperson stated that all pending by-elections will be conducted this year and reiterated that the next general election will be held in August 2027.

“The electoral operations committee will give a way forward on how we will conduct the mini polls. We are working around the clock to ensure we meet the timelines,” said Ethekon. His sentiments came at a time when questions of credibility were being raised amid claims of 2027 poll rigging.

Speaking on August 4 during an interview, political analyst Ahmed Hashi said the new commissioners should tackle the deeply rooted vice of election rigging, which has been the cause of political clamour in every administration.

“The reason we are talking about having an IEBC is because we are afraid of theft; everyone wants to steal votes. I think it is important we have institutions that speak about the moral basis of citizenship,” Hashi said.

Nyamira County Senator Okongo Omogeni stated that the electoral body should build public trust by demonstrating transparency and revising the conduct of elections in previous cycles. “At the end of the day, it is the Kenyan people who are the decision-makers, and the IEBC should ensure that the will of the people carries the day.” 

Additionally, the electoral body is expected to announce the timelines for the resumption of continuous voter registration, allowing eligible citizens to register as voters. This will come on the backdrop of a voter turnout that dropped during the last general election, which fell to 64.77% compared to 74% in 2017.  

“Election is not an isolated one-day event. An electoral process comprises a series of interconnected elements and activities that occur before, during, and after election day. We will enhance voter education and stakeholder engagement throughout the electoral cycle. We need to mobilise members of the public to participate in all electoral processes. This will not only lead to voters making informed choices, but also a rise in voter turnout,” said Ethekon.

The Constitution, under Article 88 (4) (a) & (b), provides for continuous voter registration of all eligible Kenyans and regular revision of the Register of Voters.

However, the public and stakeholders should note that the registration process, as provided for in law, was temporarily suspended through a gazette notice to facilitate the compilation of the Register of Voters and the conduct of the 2022 general election. Afterwards, it became legally inappropriate to resume the voter registration process owing to the absence of a chairperson and members of the commission.

The IEBC is also responsible for determining the boundaries of electoral areas. The Constitution dictates that these boundaries must be reviewed every eight to 12 years. 

The last review was carried out in March 2012, meaning that the next review was due to be completed by March 6, 2024. However, this did not happen because the IEBC lacked a chairperson or enough members to carry out the exercise lawfully.

Earlier in the year, the IEBC requested the Attorney General (AG) for legal advice on whether the electoral body could carry out the boundary review without a chairperson and members, or would it be okay to do the review after the deadline had passed, and could the timelines be extended, and if so, who had the mandate to do so.

The AG advised the electoral body to seek the Supreme Court’s guidance on the issues raised. The case has been heard, and the IEBC is now awaiting the court’s decision. Once the apex court issues its ruling, the electoral body will engage stakeholders as appropriate.