A constitutional petition has been filed at the Milimani Law Courts seeking orders to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting or supervising any elections until it completes a review of constituency and ward boundaries as required by the Constitution.
The petition was filed by Philip Kipkemoi Langat, who argues that Article 89 of the Constitution obligates the IEBC to review electoral boundaries at intervals of between eight and twelve years, with the exercise to be completed at least twelve months before a general election.
Langat contends that the last boundary delimitation exercise was carried out in 2012, meaning a fresh review ought to have been completed by March 2024.
Through his lawyer, Felix Keaton, Langat argues that despite the IEBC being fully constituted in July 2025 following a prolonged period marked by resignations, retirements, and tribunal removals, the Commission has failed to commence the constitutionally mandated review process.
The petition accuses the IEBC of prioritising preparations for future elections while ignoring the mandatory preliminary step of delimiting constituencies and wards.
Court papers warn that proceeding with elections before undertaking the boundary review would undermine fair representation due to significant population changes, urban expansion, shifts in community interests, and evolving geographical, economic, cultural, and communication factors.
“The Respondent has embarked on putting the cart before the horse by preparing for elections before first conducting the delimitation of electoral units,” the petition states, warning that Kenyans stand to suffer irreparable and irreversible harm.
Langat is asking the High Court to certify the petition as urgent, hear it on a priority basis, and find that it raises substantial constitutional questions warranting determination by a bench of at least three judges.
He is also seeking conservatory orders barring the IEBC from conducting or supervising referenda or elections to any elective office established under the Constitution or statute until the delimitation process is completed.
