The High Court has certified as urgent a petition seeking to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting any by-elections or the 2027 General Election over its failure to review constituency and ward boundaries.
Justice Bahati Mwamuye joined the Attorney General, the Law Society of Kenya (LSK) and Katiba Institute as interested parties in the case filed by lawyer Philip Langat.
The IEBC has until January 16, 2026, to respond to the application seeking interim orders blocking it from conducting any elections.
Langat argues the commission has violated the Constitution by failing to conduct the mandatory boundary review within the stipulated timeframe. Article 89 of the Constitution requires IEBC to review constituency boundaries at intervals of not less than eight years and not more than 12 years.
The last boundary delimitation was conducted in March 2012, meaning a new review should have been completed between March 2020 and March 2024. The commission is now nearly two years overdue.
Through his lawyer Felix Keaton, Langat told journalists at Milimani Law Courts the petition seeks to ensure compliance with constitutional provisions and uphold fair representation for all Kenyans.
Keaton noted several constituencies in Kenya have seen significant population growth since the last boundary delimitation exercise, making an updated review critical before any elections.
“The aim is to ensure compliance with constitutional provisions and uphold the principle of fair representation for all Kenyans,” Keaton said.
The lawyer argued that proceeding with elections without an updated boundary review would perpetuate unequal representation and disenfranchise voters in constituencies with significant population shifts.
The 2019 national census revealed dramatic population changes across the country, with some constituencies experiencing rapid growth while others saw population decline.
The petition contends that holding elections before completing the boundary review could undermine representation given changes in population distribution, urban growth and community interests.
Among the orders being sought is for the case to be referred to Chief Justice Martha Koome to empanel a bench of three to five judges to hear the application.
The delay in boundary review comes as IEBC faces significant operational challenges. The commission operated without a chairperson or commissioners for more than two years following resignations after the 2022 General Elections.
President William Ruto appointed a new chairperson and six commissioners in May 2025, but legal challenges delayed their swearing in until July 2025.
IEBC Chairperson Erastus Ethekon acknowledged in August 2025 the commission has less than two years to prepare for the 2027 polls, citing the late reconstitution as a factor outside the commission’s control.
In September 2025, the Supreme Court declined to provide an advisory opinion on whether the constitutional timelines for boundary review could be extended, noting a constitutional amendment bill on the matter was pending before the Senate.
The court ruled that only a fully constituted commission could competently seek judicial intervention on such matters.
The LSK and Katiba Institute, both governance watchdogs, will provide input on the constitutional and legal implications of the boundary review delay.