Several constituencies across the country have been left without representation in Parliament for months, despite constitutional requirements mandating a by-election to fill such vacancies.
Article 101 of the 2010 Constitution stipulates that a by-election must be held within ninety days whenever a parliamentary or senatorial seat becomes vacant.
However, many constituencies have been without MPs since the 2022 General Elections, surpassing this legal timeframe.
The procedure for addressing a vacancy involves the Speaker of the respective house notifying the Independent Electoral and Boundaries Commission (IEBC) and the relevant political party within twenty-one days of the vacancy.
Yet, the delays in conducting by-elections are largely attributed to the lack of commissioners at the IEBC.
Since January 2023, the IEBC has been operating without commissioners following the retirement of chairman Wafula Chebukati, Boya Molu, and Abdi Guliye.
Additionally, the resignations of Juliana Cherera, Francis Wandera, Irene Masit, and Justus Nyang’aya, who left the commission after disputing William Ruto’s 2022 presidential election, have compounded the issue.
National Assembly Speaker Moses Wetangula had promised that President Ruto would appoint a selection panel for new commissioners by July,
Following the signing into law of the Independent Electoral and Boundaries Commission (Amendment) Bill.
However, this promise has yet to be fulfilled.
Here is a list of constituencies currently without MPs:
Banisa Constituency
This seat has been vacant for nearly 18 months following the death of MP Kullow Hassan in March 2023.
Hassan passed away due to injuries sustained in a motorcycle accident in Nairobi.
Magarini Constituency
The seat has been unoccupied since March 2024, after the Supreme Court nullified Harrison Kombe’s election.
The court found Kombe, elected on an ODM ticket, guilty of election malpractice.
Ugunja Constituency
The seat became vacant when former MP Opiyo Wandayi was appointed as Cabinet Secretary for Energy and Petroleum in July 2024.
Gwassi Constituency
Previously represented by John Mbadi, who was appointed Treasury Cabinet Secretary in July 2024.
The ongoing lack of representation highlights the urgent need for the appointment of new IEBC commissioners to address these and other electoral matters.
