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Lawyer Sues to Stop 2027 Polls Over IEBC’s Failure to Review Boundaries
"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.
A city lawyer has filed a petition before the High Court, seeking 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.
The matter was filed under a certificate of urgency by city lawyer Philip Kipkemoi Langat, who was represented by his counsel, Felix Keaton.
In his affidavit, Langat indicates 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 exercise 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 should 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 6th March, 2020, 8 years after the delimitation order, and 6th March, 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 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 conduct 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 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 petition was filed before the Milimani High Court Constitution and Human Right Division, where Justice Bahati Mwamuye allowed the application and awaits to give direction.
