IEBC: Legal constraints could undermine readiness for 2027 polls

Speaking to the press on Tuesday, IEBC Chairperson Erastus Edung Ethekon said boundary delimitation remains a constitutional cornerstone but acknowledged that the commission has exceeded the required review timelines of between eight and 12 years.

He noted that the last review should have been concluded by 2024.

Ethekon attributed the delay to a series of setbacks, including the prolonged absence of commissioners, which forced the secretariat to suspend the process since boundary review is a policy decision that requires a fully constituted commission.

He further explained that the commission is unable to rely on the 2019 census data for population figures, as the data is currently subject to court proceedings.

According to Ethekon, the census data is critical to the boundary delimitation process, and until the matter is determined by the courts, the commission’s work in this area remains effectively grounded.

“The legal injunctions we are facing pose a potential threat to the delivery of our mandate,” Ethekon said, adding that both elections and boundary delimitation are complex processes that require extensive stakeholder engagement.

The IEBC chairperson also highlighted additional challenges, including pending by-elections and gaps in voter education, which continue to strain the commission’s capacity.

He warned that the existing legal constraints could undermine the commission’s preparedness for the 2027 General Election, which he noted is fast approaching.

Under the Constitution, boundary delimitation should be completed at least one year before a general election, a timeline Ethekon said the country has already missed.

He added that the exercise typically takes about two years to complete.

To address the situation, Ethekon said the commission has opted for a phased and legally cautious approach, describing it as a defensive strategy aimed at safeguarding preparations for the next general election.

He disclosed that the IEBC has sought advisory opinions from the Attorney General and the Supreme Court to guide its next steps.

The commission, he said, will determine whether to fully focus on election preparations depending on the outcome and progress of the court cases affecting the boundary review process.

Ethekon also pointed to constitutional and legal inconsistencies, noting that while the IEBC has the mandate to review boundaries, it cannot alter the number of constituencies.

He added that the County Governments Act has capped the number of wards, yet the commission is constitutionally required to review ward boundaries.

On financing, the IEBC chairperson revealed that the commission faces a funding shortfall of approximately Sh20 billion to conduct the 2027 General Election, underscoring the need for additional resources to meet both electoral and boundary delimitation obligations.