Quick Answer
When a seat falls vacant between general elections, the IEBC holds a by-election. When a result is disputed, it is challenged in court — presidential results go to the Supreme Court within seven days of the declaration.
Key facts
- A by-election fills a seat that falls vacant mid-term.
- Presidential results are challenged at the Supreme Court within 7 days.
- Other results are challenged within 28 days, in designated courts.
- Kenya’s Supreme Court annulled a presidential election in 2017.
What is a by-election?
A by-election is held to fill a single seat that falls vacant between general elections — through death, resignation, removal, or a result being nullified by a court. The relevant Speaker declares the vacancy, and the IEBC then conducts the by-election for that seat only.
Challenging a presidential result
A presidential result can be challenged at the Supreme Court within seven days of the declaration (Article 140). The Court must hear and decide the case within 14 days, and its decision is final. If the election is nullified, a fresh election is held within 60 days — as happened in 2017, when Kenya became the first African country to annul a presidential election.
Challenging other results
Disputes over other seats — Governor, Senator, MP, Woman Representative and MCA — are handled under the Elections Act. A petition must be filed within 28 days of the declaration of results, in the court designated for that seat (generally the High Court, or a magistrate’s court for some county-assembly matters).
Why this matters to you
These are the safety valves of the system: by-elections keep seats filled, and petitions give a lawful route to contest a result. They are why grievances can go to court rather than the street.
Frequently asked questions
When is a by-election held?
When a seat falls vacant between general elections — for example through death, resignation, removal, or a nullified result.
How long do I have to challenge a presidential result?
Seven days from the declaration, at the Supreme Court.
Where are other election results challenged?
In the courts designated by the Elections Act, within 28 days of the declaration.
Sources & references
- Constitution of Kenya 2010, Article 140 — klrc.go.ke
- Elections Act, 2011 — kenyalaw.org
- Independent Electoral and Boundaries Commission (IEBC) — iebc.or.ke