By Aden Kipruto
A city lawyer has moved to the High Court seeking orders to bar the Independent Electoral and Boundaries Commission (IEBC) from conducting the 2027 General Election, arguing that the commission has failed to carry out a constitutionally mandated review of constituency and ward boundaries.
The petition, filed under a certificate of urgency, was lodged by Nairobi-based advocate Philip Kipkemoi Langat and is being prosecuted by his lawyer, Felix Keaton. Langat argues that the electoral body has violated Article 89(2) of the Constitution by failing to review the names and boundaries of constituencies within the timelines provided by law.
Article 89(2) requires the IEBC to review constituency boundaries at intervals of not less than eight years and not more than twelve years, with the process to be completed at least twelve months before a general election. The Constitution further mandates the commission to periodically review the number, names, and boundaries of wards.
In his affidavit, Langat notes that the last delimitation exercise was conducted in March 2012, when the IEBC published the National Assembly Constituencies and County Assembly Wards Order, 2012, through Legal Notice No. 14 of 2012. He contends that the commission was required to undertake another delimitation exercise between March 6, 2020, and March 6, 2024, a process he says has not been initiated to date.
“The commission is now fully constituted and is supposed to fulfil its constitutional mandate, including delimiting constituencies, wards, and their names, before the 2027 general election,” Keaton told the court.
The petitioner is asking the court to determine whether the constitutional timeframe for delimitation has lapsed and whether any general election conducted without reviewing constituency and ward boundaries would be lawful. Langat argues that proceeding with elections without compliance would render the exercise unconstitutional and invalid.
According to the petition, the IEBC’s failure to act amounts to neglect and abdication of its constitutional responsibilities, undermining national values and principles of governance. These include the rule of law, equity, inclusiveness, equality, human rights, transparency, accountability, and fair representation.
The matter was filed at the Milimani High Court, Constitution and Human Rights Division, where Justice Bahati Mwamuye certified the application as urgent and allowed it, pending directions on how the case will proceed.
Speaking to journalists outside the court, Keaton said the petition could be referred to Chief Justice Martha Koome for the empanelment of a bench of between three and five judges, given the weighty constitutional questions raised.
He pointed out that several constituencies across the country have experienced significant population changes since the last delimitation exercise, resulting in voter disparities that undermine the principle of equal representation. Keaton added that Article 26 of the Constitution, which governs county governments, similarly requires periodic review of wards, reinforcing the need for urgent action by the IEBC.
“The aim of this petition is to ensure strict compliance with the Constitution and to uphold the principle of fair representation for all Kenyans,” Keaton said.
The High Court is expected to issue directions on the next steps for hearing and determination of the petition in the coming days.
