IEBC seeks dismissal of petition for boundary review before 2027 election

The Independent Electoral and Boundaries Commission (IEBC) has asked the High Court to dismiss a petition seeking to compel it to undertake electoral boundaries delimitation before the 2027 General Election.

In a replying affidavit sworn by IEBC Chairperson Erastus Edung Ethekon, the Commission argues that the petition ignores key legal and practical barriers that have delayed the review of constituency and ward boundaries.

The IEBC says ongoing litigation over the 2019 Kenya Population and Housing Census, including a status quo order issued by the Court of Appeal, has barred it from relying on the contested census data for purposes of determining population quotas.

The Commission further maintains that delimitation is a complex, sequential, and time-bound constitutional process under Article 89 of the Constitution and the IEBC Act, which cannot be lawfully completed in time to apply to the August 2027 General Election due to the constitutional prohibition against boundary review within twelve months preceding a general election.

IEBC also argues that elections and boundary review are distinct constitutional processes and that general elections can lawfully proceed using existing constituencies and wards pending a valid delimitation exercise.

The Commission warns that granting orders of mandamus or conservatory orders as sought by the petitioners would expose it to legal risk, including possible contempt of court, and could disrupt constitutional electoral timelines.