A Nairobi lawyer has moved to the High Court seeking orders to block the Independent Electoral and Boundaries Commission (IEBC) from conducting or supervising any elections or referenda until it reviews electoral boundaries, as required by the Constitution.
In a constitutional petition filed before the High Court, Philip Langat argues that the electoral body has failed to review the number, names, and boundaries of constituencies and wards within the timelines set by law, rendering any future elections unconstitutional.
Petition Challenges IEBC’s Mandate
Dr. Langat is asking the court to restrain the IEBC from conducting or supervising general elections, by-elections, or referenda for any elective office established under the Constitution unless and until it complies with Article 89 of the Constitution.
He argues that the Constitution requires the IEBC to review electoral boundaries at intervals of not less than eight years and not more than twelve years, and that the Commission has missed this constitutional window.
“The failure by the IEBC to review the boundaries of constituencies and wards at the prescribed intervals is unconstitutional,” Langat states in his petition.
Push for Review Before 2027 Elections
The petitioner wants the High Court to compel the IEBC to complete the delimitation of constituencies and wards at least 12 months before the 2027 General Election, warning that failure to do so will plunge the country into a constitutional crisis.
He argues that conducting elections without a lawful boundary review would undermine:
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Population quota balance
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Geographical and urban considerations
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Community of interest
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Historical, cultural, and economic ties
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Fair representation
Court Directions Issued
The matter came before Bahati Mwamuye, who directed Dr. Langat to serve the IEBC with the court documents by January 2.
Justice Mwamuye also ordered that the Attorney General, Katiba Institute, and the Law Society of Kenya (LSK) be joined to the proceedings as interested parties.
The court deferred consideration of other applications—including a request for interim orders and the empanelment of an expanded bench—until the respondents file their responses.
The case will be mentioned on January 28 for directions.
Call for Expanded Bench
In his application, Dr. Langat asked that the file be transmitted to Martha Koome for the empanelment of an uneven number of judges, citing the weighty constitutional questions raised.
“Unless this court intervenes urgently, the constitutional timelines for delimitation of electoral units will lapse, occasioning a further constitutional crisis,” Langat argues.
Constitutional Questions Raised
Dr. Langat has asked the court to interpret Article 89(2) of the Constitution on several key questions, including:
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Whether a boundary review conducted more than 12 years after the last delimitation can be valid
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Whether elections can lawfully be held before reviewing constituency and ward boundaries
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What remedies are available where constitutional timelines have lapsed
He is urging the court to invoke Article 165(2)(d) of the Constitution, which grants the High Court jurisdiction to interpret the Constitution.
IEBC Accused of “Putting the Cart Before the Horse”
Through his lawyer Felix Keaton, Dr. Langat accused the IEBC of preparing for the 2027 General Election before first undertaking boundary delimitation, contrary to the Constitution.
“It is the people of Kenya who will suffer irreparable and irreversible injury if elections are conducted without proper delimitation,” Langat argues.
Timeline of the Missed Delimitation
The petition outlines the following chronology:
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March 6, 2012 – IEBC published the National Assembly Constituencies and County Assembly Wards Order, 2012 (Legal Notice No. 14 of 2012)
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IEBC was required to conduct the next review between March 6, 2020 (8 years) and March 6, 2024 (12 years)
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As of March 6, 2024, no review had commenced
Dr. Langat explains that the delay was initially caused by the absence of commissioners, following:
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Resignations of three commissioners in December 2022
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Removal of one commissioner by a tribunal
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Retirement of three commissioners after expiry of their terms
A new team of IEBC commissioners was appointed on July 10, 2025, for a six-year term.
Claim IEBC Now Fully Constituted
Dr. Langat argues that since the IEBC is now fully constituted, there is no legal justification for further delay in commencing the boundary review process.
“The Commission is now properly constituted and must immediately discharge its constitutional mandate,” he told the court.
High-Stakes Constitutional Test
The case raises fundamental questions about electoral fairness, constitutional compliance, and the legality of the 2027 General Election if boundary reviews are not undertaken in time.
The High Court’s eventual determination is expected to have far-reaching implications for Kenya’s electoral calendar and the authority of the IEBC.