High Court Enjoins AG, LSK in Suit Seeking to Bar IEBC from Conducting 2027 Polls

The High Court, on its own motion, has enjoined the Attorney-General, the Law Society of Kenya, and Katiba Institute as interested parties in a matter in which a petitioner bars the IEBC from conducting the upcoming general elections for failure to review the names and boundaries of constituencies.

While giving directions, Justice Bahati Mwamuye Petitioner shall serve the Respondent and the Interested Parties immediately, and file an Affidavit of Service in that regard by close of business on January 2, 2026.

Justice Mwamuye stated that, “the matter shall be heard and determined in priority to any other matter raised in the Application and/or Petition.

The judge further directed all parties to file their responses by the close of business on January 16, 2026.

The matter was filed under certificate of urgency by a city lawyer, Philip Kipkemoi Langat, being represented by his counsel Felix Keaton, seeking that the court 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 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  March 2012, when they 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 March 6, 2020, 8 years after the delimitation order, and March 6, 2024, 12 years after the delimitation order, which they have 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 delimitation of electoral units.

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

The petitioner is inviting 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, it is null and void.

Langat is accusing the IEBC of going against Article 89 of the Constitution of Kenya,2010, which raises crises.

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 matter will be mentioned on January 28, 2026, to confirm compliance and further direction.