IEBC Urges High Court to Throw Out Petition Seeking Boundary Review Ahead of 2027 Polls
The electoral body to dismiss the petition, the High Court must act because the request lacks legal foundation and operational feasibility according to current conditions.
IEBC Chairperson Erastus Edung Ethekon in a past address. PHOTO | COURTESY
By Ruth Sang
The Independent Electoral and Boundaries Commission (IEBC) has moved to the High Court seeking the dismissal of a petition that aims to compel it to carry out electoral boundary delimitation before the 2027 General Election.
The Independent Electoral and Boundaries Commission (IEBC) has moved to the High Court seeking the dismissal of a petition that aims to compel it to carry out electoral boundary delimitation before the 2027 General Election.
The Commission argues through its evidence which IEBC Chairperson Erastus Edung Ethekon presented that the petition fails to demonstrate essential legal obstacles and practical issues that need to be solved before constituency and ward boundary modifications can be conducted.
The electoral body states that the boundary delimitation process cannot proceed as requested because court cases regarding the 2019 Kenya Population and Housing Census are currently active. The IEBC notes that the matter remains active in court, with the Court of Appeal having issued a status quo order. The contested census data can not be used by the Commission to calculate population quotas which serve as mandatory elements needed for boundary delimitation according to the order.
The IEBC further maintains that the review of electoral boundaries is not a simple administrative action but a structured constitutional process governed by Article 89 of the Constitution and provisions of the IEBC Act. The Commission requires all participants to follow specific steps and established deadlines which together create the lawful requirements for the process to proceed.
The Commission asserts through its court document that even if all legal obstacles were resolved at once delimitation work would remain unfinished before the August 2027 General Election deadline. The Constitution forbids any boundary reviews during the twelve months before a general election according to its provisions. As such, any attempt to undertake the exercise too close to the polls would contravene constitutional safeguards.
The IEBC states that elections must be conducted through distinct constitutional functions that handle both electoral processes and boundary review activities. The Commission states that current constituencies and wards can be used for general elections as long as there is no complete delimitation process finished. The existing electoral system permits elections to continue according to current regulations even without a boundary review.
The IEBC indicates that the petitioners’ requested orders for mandamus and conservatory orders will lead to the Commission breaching either court orders or constitutional time limitations. The orders will create a risk of contempt charges against the institution while they will also disrupt the preparations for the 2027 elections.
The electoral bodyTo dismiss the petition, the High Court must act because the request lacks legal foundation and operational feasibility according to current conditions.
About Author
