NAIROBI, Kenya – The Independent Electoral and Boundaries Commission (IEBC) has told the Supreme Court that the 2027 General Election risks being unconstitutional if electoral boundaries are not reviewed in time, warning that failure to do so could invalidate the entire process.
Through its lawyers, the commission admitted that the legal deadline for the delimitation exercise had already lapsed, with the last review conducted in 2012—well beyond the eight- to twelve-year constitutional window.
IEBC lawyer George Murugu acknowledged that skipping the exercise could compromise the legitimacy of the election results.
“The election requires delimitation of boundaries. Without it, there will be a ripple effect on voter registration, audit and inspection of the register,” argued IEBC’s other lawyer, Edwin Mukele, urging the court to allow the commission until July 2026 to complete the process.
But Supreme Court judges raised tough questions. Justice Isaac Lenaola queried whether the IEBC was asking the court to effectively endorse a constitutional breach.
The situation is further complicated by a High Court ruling halting the vetting of President Ruto’s IEBC nominees, leaving the commission without a full panel of commissioners required to legally carry out the boundary review.
Principal State Counsel Odiwour Kaumba, representing the Attorney General, told the court that no boundary review is valid unless all seven commissioners are in office—contradicting former AG Justin Muturi’s earlier advice that the IEBC should seek Supreme Court guidance to avoid legal risks.
IEBC CEO Marjan Hussein Marjan warned that Kenya could head into its second election under the 2010 Constitution without updated boundaries, jeopardising fair representation across the 1,882 elective positions nationwide.
