By-elections in Kenya: when they happen and who votes
Independent Electoral and Boundaries Commission; Constitution of Kenya; Elections Act 2011 · sources read 4 Oct 2026
A by-election fills an elected seat that falls vacant between general elections. For an MP or Senator it must be held within 90 days of the vacancy, and only voters registered in that constituency, county or ward can vote.
- How long
- Within 90 days of an MP's or Senator's seat falling vacant.
- Where
- Your usual polling station in the constituency, county or ward holding the by-election. Notices and results are on iebc.or.ke (By-elections and Gazette Notices pages).
Steps
- When an MP's or Senator's seat falls vacant, the Speaker must notify the IEBC in writing within 21 days. For an MCA seat, the county assembly Speaker does the same.
- The IEBC publishes a notice with the nomination day and the polling day. Voting must be at least 21 days after nominations.
- The by-election for an elected MP, Woman Member or Senator must be held within 90 days of the vacancy. Vote at your usual polling station in that area.
- The candidate with the most votes wins, and the IEBC publishes the winners in the Kenya Gazette, as it did for the by-elections of 14 May 2026.
Watch out
- No by-election is held for a seat that falls vacant in the three months before a general election.
- Voter registration and transfers stop in that area from the day the vacancy is declared until the by-election. Register or transfer earlier if you want to vote.
- A governor's seat usually has no by-election: the deputy governor takes over for the rest of the term. Only if both posts are vacant is an election held, within 60 days.
Who this covers
- Only registered voters of the constituency, county or ward where the seat fell vacant. Each seat is elected by the registered voters of that area.
Official sources (4)
- Constitution of Kenya, 2010 parliament.go.ke · read 4 Oct 2026
- Elections Act, No. 24 of 2011 (Revised Edition 2019) iebc.or.ke · read 4 Oct 2026
- Gazette Notice No. 7394 of 2026: Declaration of Persons Elected in the By-Elections held on 14 May 2026 iebc.or.ke · read 4 Oct 2026
- By-elections (downloads) iebc.or.ke · read 4 Oct 2026