High Court to Rule on Bid to Bar IEBC from 2027 Polls Over Boundary Review Delay

The High Court will deliver the judgment on the application filed by a petitioner seeking to bar the IEBC from conducting general elections for failure to review the names and boundaries of constituencies.

Justice Gregory Mutai will deliver the judgment on February 25, 2027, on whether the next year’s general elections will be conducted or not, following the application by a city lawyer, Philip Kipkemoi Langat.

Langat, who is represented by his lawyer Felix Keaton, sought the court to bar the Independent Electoral and Boundaries Commission (IEBC) from conducting the coming general election for failing to review the names and boundaries of constituencies.

In his affidavit, Langat indicated that the IEBC has violated Article 89(2) of the Constitution by failing to review the boundaries of constituencies and names at intervals of not less than eight years, and not more than twelve years.

The Article also states that the action shall be completed at least twelve months before the general election of members of parliament. The commission is also mandated to review the number, names and boundaries of wards periodically.

The IEBC ought to have carried out the delimitation process in the year March 2012, when it published the National Assembly Constituencies and County Assembly Wards Order, 2012 vide Legal Notice No.14 of 2012 (the delimitation order).

The IEBC ought to have carried out a subsequent delimitation process between 6th March, 2020, 8 years after the delimitation order, and 6th March, 2024, 12 years after the delimitation order, which it has not done yet.

The lawyer argues that since the IEBC is fully constituted, it is supposed to carry out its mandate, including that bestowed under Article 89 of the Constitution of Kenya, 2010.

The lawyer is now accusing the commission of neglecting, abdicating and/or failing to commence the process of delimiting electoral units.

“The commission is now fully constituted, and it is supposed to fulfil its mandate to delimit the boundaries of the constituencies, wards and names before the 2027 general election,” Keaton said.

The petitioner invited the court to determine whether the time frame for delimitation has lapsed and whether the general elections can be conducted before the review of the names and boundaries of constituencies and wards.

He avers that if the general elections are conducted before the review of the names and boundaries of constituencies and wards, the results will be null and void.

Langat accused the IEBC of going against Article 89 of the Constitution of Kenya, 2010, which raises conflicts.

The petitioner further states that the failure by the commission to fulfil its mandate has undermined the national values and principles of governance, the rule of law, equity, inclusiveness, equality, human rights, Non-discrimination, good governance, transparency and accountability.

The petition was filed before the Milimani High Court Constitution and Human Rights Division, and the court allowed the application; it will deliver the judgment on February 25, 2027.