NAIROBI, Kenya – A fresh legal challenge has been filed at the Milimani Law Courts seeking to block the Independent Electoral and Boundaries Commission (IEBC) from conducting any elections until it completes a constitutionally required review of constituency and ward boundaries.
The petition, lodged by advocate Philip Kipkemoi Langat, argues that the Commission is in breach of the Constitution for failing to carry out the delimitation exercise within the stipulated timelines.
Under the Constitution, the IEBC is required to review the names, number and boundaries of constituencies and wards every eight to 12 years, and to conclude the process at least one year before a general election.
Langat says the last boundary review was conducted in 2012, meaning the next review should have been completed by March 2024.
“The constitutional timelines have lapsed, yet the Commission has not undertaken the review,” he states in court documents.
Through his lawyer, Felix Keaton, Langat argues that the delay cannot be justified, noting that the IEBC was fully reconstituted in July 2025 after a prolonged period marked by resignations, retirements and tribunal removals.
Despite this, the petitioner says the Commission has already embarked on preparations for the 2027 General Election without first addressing the boundary review, a move he describes as legally flawed and potentially harmful to fair representation.
The petition seeks conservatory orders barring the IEBC from conducting or supervising any elections or referenda until it reviews the number, names and boundaries of constituencies and wards.
“Pending the hearing and determination of this petition, a conservatory order be issued barring the respondent from conducting or supervising referenda and elections… without first reviewing the number, names and boundaries of constituencies and wards,” the court filing reads.
Langat warns that proceeding with elections before the review is completed could result in unequal representation, citing population changes, rapid urban growth and shifting community interests since the last delimitation.
Court documents argue that failure to update electoral boundaries would expose Kenyans to “irreparable and irreversible injury” due to outdated population quotas, geographical realities and socio-economic factors.
The petitioner has asked the High Court to certify the matter as urgent, hear it on a priority basis and constitute a bench of at least three judges to determine the case.
If granted, the orders could significantly affect the IEBC’s preparations for upcoming polls ahead of the 2027 General Election.
