Why independent candidates may be locked out of upcoming by-elections

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Independent candidates eyeing the November 27 by-elections face tough hurdles after the Independent Electoral and Boundaries Commission (IEBC) unveiled stringent qualification rules that must be met before clearance.

In its notice, IEBC declared that only those who severed ties with political parties at least three months before the polls will be cleared to vie as independents.

"Candidates intending to participate in the by-elections as independent candidates shall not be members of any political party at least three months prior to the date of the by-elections.”

It further directed that aspirants must also present a clearance certificate from the Registrar of Political Parties confirming that they have not been members of any political party within the stipulated period.

“An independent candidate is expected to obtain and submit to the commission a clearance certificate from the Registrar of Political Parties certifying that they have not been a member of any political party for at least three months prior to the date of the by-election.”

The electoral body also issued tight deadlines for submission of names and symbols.

“An independent candidate shall submit the name and symbol they intend to use during the by-elections to the commission on or before Wednesday, September 17, 2025,” the statement read.

The submissions must be made using prescribed Forms 11N and 11P in both electronic and print format and delivered at IEBC headquarters, Anniversary Towers, 21st Floor, between 8am and 5pm.

Once approved, the commission will gazette the symbols at least 14 days before the nomination of candidates.

According to the guidelines, a pre-nomination meeting with aspirants will take place on Friday, October 3, 2025, with the respective Returning Officers.

Official nomination and registration will then follow on Wednesday, October 8 and Thursday, October 9.

“The nomination papers shall be delivered by the candidates to the respective Returning Officer between 8am and 1pm and 2pm and 4pm at the place designated by the commission,” the commission directed.

Independent candidates are also required to demonstrate significant voter backing.

For Senate seats, aspirants must submit a duly filled nomination form accompanied by a list of 2,000 registered voters from the county, complete with signatures, national identity card or passport numbers, and copies of the identification documents.

National Assembly aspirants must present details of 1,000 registered voters from the constituency, while those seeking County Assembly seats must gather support from 500 registered voters within the ward.

The strict timelines, documentary evidence, and voter support thresholds underscore the heavy burden placed on independents.

With nominations and submissions tightly bound to the commission’s schedule, any lapse could see aspirants barred from the November 27 by-elections.

The commission gazetted by-elections and Returning and Deputy Returning Officers on August 8.

These include 16 ward elections in Angata Nanyokie Ward in Samburu county, Chemundu/Kapng’etuny Ward in Nandi county, Chewani Ward in Tana River county, Fafi Ward in Garissa county, Kariobangi North Ward in Nairobi county, Kisa East Ward in Kakamega county and Metkei Ward in Elgeyo Marakwet county.

Others are Mumbuni North Ward in Machakos county, Narok Town Ward in Narok county, Purko Ward in Kajiado county, Tembelio Ward in Uasin Gishu county, Nyansiongo, Nyamaiya and Ekerenyo Wards in Nyamira county, as well as Lake Zone and Nanaam Wards in Turkana county.

Other elections are the by-election for the Member of Senate in Baringo county, Members of the National Assembly for Banissa, Kasipul, Magarini, Malava, Mbeere North and Ugunja constituencies, and the Member of County Assembly for Kabuchai/Chwele Ward in Bungoma county.