NAIROBI, Kenya — A lawyer has filed a fresh petition at the High Court seeking to stop Kenya’s 2027 General Election until the Independent Electoral and Boundaries Commission (IEBC) completes a review of constituency and county assembly ward boundaries.
Petitioner Philip Kiplimo Langat argues that the IEBC has failed to comply with Article 89 of the Constitution, which requires the periodic review of electoral boundaries.
Langat says the last nationwide boundary review was completed in 2012, meaning the next review should have been undertaken by March 2024.
He wants the court to prevent the 2027 election from proceeding under the existing boundaries until the constitutional review is completed.
Lawyer Challenges IEBC Over Boundary Review
At the centre of Langat’s petition is Article 89, which establishes the constitutional framework for reviewing the boundaries of constituencies and county assembly wards.
The petitioner argues that the passage of the constitutional deadline did not extinguish the IEBC’s obligation to conduct the review.
He further contends that delays in reconstituting the electoral commission cannot be used to permanently suspend a constitutional requirement.
Langat argues that population growth and demographic changes since the 2012 exercise make a fresh review necessary before the next General Election.
He is asking the High Court to intervene and compel compliance with the constitutional requirement.
Petition Seeks to Halt 2027 Poll
Langat wants the court to block the holding of the General Election until the IEBC redraws constituency and ward boundaries in accordance with Article 89.
The case comes as the newly reconstituted IEBC undertakes preparations for the next election, including voter registration and other electoral processes.
What Does Article 89 Say?
Article 89 provides for the periodic review of the boundaries of constituencies and county assembly wards.
Under the Constitution, the IEBC is required to review constituency and ward boundaries at intervals of eight to 12 years.
The Constitution also sets out factors to be considered during delimitation, including population density and demographic trends, means of communication, geographical features and urban centres, community interests and existing administrative boundaries.
The Constitution further requires the commission to publish its proposed boundaries and provides for public participation and opportunities to challenge the proposals.
Kenya Has Conducted Four Major Reviews
Kenya has undertaken four major post-independence electoral boundary reviews — in 1966, 1986, 1996 and 2012.
The boundaries established before independence are generally treated as the initial delimitation rather than a post-independence boundary review.
The first post-independence review took place in 1966, increasing the number of constituencies from 117 to 158.
The Electoral Commission conducted public hearings in various parts of the country before establishing the new boundaries.
1986 and 1996 Reviews Expanded Constituencies
A second major review was conducted in 1986 following constitutional changes that increased the maximum number of constituencies to 188.
The new electoral map was subsequently used in the 1988 General Election.
The Electoral Commission of Kenya carried out another review in 1996, increasing the number of constituencies from 188 to 210, which was the constitutional maximum at the time.
The boundaries established through that exercise were used in the 1997 General Election.
2012 Review Created Current Electoral Map
The most recent major boundary review was conducted under the 2010 Constitution.
The Interim Independent Boundaries Review Commission undertook preliminary work before handing the process to the IEBC.
The IEBC subsequently conducted the First Review Relating to the Delimitation of Boundaries of Constituencies and Wards.
The commission published a preliminary report on January 9, 2012, followed by a revised report on February 9, 2012.
After considering recommendations from Parliament, the IEBC gazetted the final boundaries on March 6, 2012, through the National Assembly Constituencies and County Assembly Wards Order, 2012.
The exercise established the current map of 290 constituencies and 1,450 county assembly wards.
