Commission Moves to Court

The Independent Electoral and Boundaries Commission (IEBC) has asked the High Court to dismiss a petition seeking to compel it to conduct an electoral boundary review ahead of the 2027 General Election.

In documents filed before the court, the Commission argues that the petition overlooks major legal and procedural obstacles that currently make it impossible to undertake the delimitation of constituency and ward boundaries within the proposed timeframe.

Affidavit by IEBC Chairperson

In a replying affidavit sworn by IEBC Chairperson Erastus Edung Ethekon, the electoral body outlines the challenges that have stalled the review process. The Commission maintains that the petitioners have failed to consider ongoing litigation surrounding the 2019 Kenya Population and Housing Census.

According to the IEBC, a status quo order issued by the Court of Appeal has barred it from relying on the disputed census data. Since population figures are central to determining representation ratios and population quotas, the Commission says it cannot lawfully proceed with delimitation while the matter remains unresolved in court.

Constitutional and Legal Constraints

The IEBC further emphasizes that boundary review is not a routine administrative task but a structured constitutional process governed by Article 89 of the Constitution and the IEBC Act. The Commission explains that the exercise follows a sequential and time-bound framework that must strictly comply with legal requirements.

It adds that the Constitution expressly prohibits the review of electoral boundaries within twelve months preceding a general election. Given that the next polls are scheduled for August 2027, the Commission argues that it would be unconstitutional to attempt to finalize and apply new boundaries within that restricted period.

Elections Can Proceed Under Existing Boundaries

The electoral body also clarifies that general elections and boundary delimitation are distinct constitutional processes. It maintains that elections can lawfully proceed using the current constituencies and wards if a valid review has not been completed.

According to the Commission, the absence of a fresh boundary review does not invalidate the conduct of elections under the existing framework.

Risk of Legal and Electoral Disruption

The IEBC warns that granting the orders sought by the petitioners, including mandamus or conservatory orders, could expose the Commission to significant legal risks. It argues that such directives could potentially place it in contempt of court or interfere with constitutionally mandated electoral timelines.

For these reasons, the Commission is urging the High Court to dismiss the petition, insisting that the demands are both legally untenable and impractical under the current circumstances.