Boundary review delays may affect 2027 election readiness, IEBC warns

IEBC Chairperson Erastus Edung Ethekon cited legal and financial constraints, including a pending court ruling on the credibility of the 2019 Census, as key risks affecting the commission’s preparedness for the 2027 polls.

The Constitution requires the IEBC to periodically review electoral boundaries to guarantee fair representation and prevent voter dilution. However, the exercise, which was supposed to be completed by 2024, has now exceeded the constitutional review window of between eight and twelve years, creating a serious legal hurdle ahead of the next General Election.

Ethekon attributed the delay to a series of setbacks, among them the prolonged absence of commissioners, which forced the secretariat to suspend the process, as well as multiple legal disputes surrounding the review.

“We have challenges meeting the constitutional deadline, such as the initial lack of commissioners that led to suspension of the exercise by the secretariat,” said Erastus Ethekon, IEBC Chairperson.

To address the situation, the commission now plans to adopt a phased and legally cautious strategy, beginning with selected constituencies and ward boundaries.

“This approach will enable us to meet our constitutional mandate on boundary reviews as we monitor the litigation pending before court,” said the IEBC Chairperson.

Ethekon disclosed that the commission has written to the Attorney General and the Supreme Court seeking guidance on the way forward. He added that IEBC will decide whether to concentrate fully on election preparations and resume comprehensive boundary reviews one year after the 2027 polls.

“For us, we are planning to do the best we can as we prepare for the General Election. After that, we go back again to the boundary reviews, a process that will take us about a year to complete,” said Erastus Ethekon, IEBC Chairperson.

On whether failure to meet delimitation timelines could pose a legal risk to the 2027 election outcome, Ethekon acknowledged the possibility of court challenges.

“We need to be honest to Kenyans because that is what we see. There is that possibility. Kenyans are very litigious,” said Erastus Ethekon, IEBC Chairperson.

The commission further noted that other legal constraints, including the pending court determination on the credibility of the 2019 Census report, could undermine its readiness for the 2027 polls.

“The 2019 census data is in court. IEBC needs the census data to delimit boundaries. Failure to have that report means our hands are tied and we cannot progress with our work,” said Erastus Ethekon, IEBC Chairperson.

On preparations for the 2027 General Election, the IEBC chairperson revealed that the commission is facing a funding shortfall of approximately Ksh.20 billion.

“We will engage the National Treasury, hoping that Parliament too can intervene,” said Erastus Ethekon, IEBC Chairperson.