By Andrew Kariuki
Philip Langat, a Nairobi based advocate has moved to the High Court seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) to immediately commence the long overdue review of constituency and ward boundaries ahead of the 2027 General Election.
In a constitutional petition filed under a certificate of urgency, advoccate Langat argues that the commission has failed to discharge its mandatory obligation under Article 89 of the Constitution, which requires electoral boundaries to be reviewed at intervals of between eight and twelve years and completed at least twelve months before a general election.
Langat points out that the current electoral boundaries were last reviewed and published through Legal Notice No. 14 of 2012, meaning the IEBC was constitutionally required to undertake a fresh delimitation exercise between March 2020 and March 2024.
He contends that the failure to do so has placed the country on the brink of a constitutional crisis.
According to the petition, the review did not take place within the prescribed period largely because the IEBC lacked commissioners after a series of resignations, removals, and retirements between 2022 and 2023.
However, Langat argues that this excuse no longer holds after the President appointed a new chairperson and commissioners through Gazette Notices issued on July 10, 2025.
He maintains that despite the commission now being fully constituted, it has not taken any steps to initiate the review of constituency and ward boundaries, contrary to its constitutional and statutory mandate.
The petition states that the continued inaction amounts to abdication of duty and renders the commission’s conduct unconstitutional.
Langat has asked the High Court to interpret whether elections can lawfully be conducted before the completion of the boundary review and whether any general election held without compliance with Article 89 would be valid.
He also seeks a determination on whether the constitutional timelines for delimitation have lapsed and what remedies are available.
Among the orders sought is a declaration that the IEBC’s failure to conduct the review is unconstitutional and null, an order compelling the commission to undertake and complete the delimitation exercise at least twelve months before the 2027 General Election and an injunction restraining the IEBC from conducting or supervising any elections or referenda until the review is completed.
Langat further wants the court to certify the matter as raising substantial constitutional questions and to refer it to the Chief Justice for empanelment of a bench of at least three judges.
In the urgency application, he warns that unless the court intervenes promptly, Kenya risks heading into the 2027 elections without constitutionally compliant electoral boundaries, potentially invalidating the process and undermining representation based on population changes, urban growth and community interests.
The petition has been filed against the Independent Electoral and Boundaries Commission and is awaiting directions from the High Court on certification, conservatory orders and empanelment.
