NAIROBI, Kenya — The Independent Electoral and Boundaries Commission (IEBC) has clarified that it cannot increase or reduce the number of constituencies during the ongoing boundary review process, citing a clear constitutional cap.
IEBC Chairperson Erastus Ethekon on Tuesday said the Constitution of Kenya fixes the number of constituencies at 290, leaving the commission with no legal room to alter that figure.
“We wish to inform the public that the Constitution under Article 89 places a cap on the number of constituencies,” Ethekon said while addressing the media on January 27.
“Currently, Kenya has 290 constituencies, and even if the commission were to conclude the boundary review ahead of the 2027 General Election, we cannot increase these constituencies beyond 290, nor can we reduce them below 290,” he added.
Ethekon explained that IEBC’s mandate is limited to reviewing constituency names and adjusting boundaries, not changing the total number.
“What any boundary review process looks at is the review of constituency names and boundaries. We can change boundaries to ensure constituencies with smaller populations can accommodate population pressure from constituencies with much larger populations,” he said.
On electoral wards, however, the IEBC Chairperson acknowledged a legal contradiction between the Constitution and statute.
Ethekon noted that while the Constitution grants IEBC authority to determine the number, names, and boundaries of wards, the County Governments Act caps wards at 1,450, creating a conflict in law.
“For wards, there is a contradiction. The Constitution gives the commission the mandate to determine the number of wards, their names, and their boundaries, and it has not placed any cap. But the County Governments Act has capped wards at 1,450,” he said.
The IEBC Chairperson also revealed that the commission has opted for a phased and limited boundary review, rather than a full-scale delimitation exercise.
He warned that undertaking a comprehensive boundary review alongside other electoral obligations could create operational bottlenecks and undermine preparedness for the 2027 General Election.
“The commission has decided to undertake limited and phased activities towards electoral boundary reviews without compromising the quality and level of preparedness for the upcoming general election,” Ethekon said.
The clarification comes against the backdrop of IEBC’s failure to meet the constitutional timeline for boundary review.
Under Article 89, IEBC is required to review constituency and ward boundaries every eight to twelve years. The last review was completed in 2012, meaning the next exercise should have been concluded by March 2024.
However, the process stalled after the commission operated without commissioners for a prolonged period.
The newly constituted IEBC leadership assumed office on July 11, 2025, following a competitive recruitment process, paving the way for the resumption of stalled constitutional mandates.
