Questions over next poll as IEBC postpones boundaries review

IEBC Chairperson Erastus Ethekon and other commission members during a media briefing at Anniversary Towers in Nairobi on January 27, 2026. [Jonah Onyango, Standard]

The electoral commission may not undertake a full boundary delimitation exercise ahead of the 2027 General Election, it has emerged.

Citing time constraints and insufficient budget, Independent Electoral and Boundaries Commission (IEBC) Chairperson  Erastus Ethekon said the commission’s priority is preparations for the 2027 polls. 

And now, the legality of the 2027 General Election has come into sharp focus after IEBC announced the postponement of the substantive Boundaries Review and delimitation exercise to after the polls.

Ethekon acknowledged that completing the long-overdue exercise before next year’s elections is impossible, citing tight constitutional timelines, ongoing litigation, lack of funding and disputed 2019 census data as major obstacles.

His announcement has complicated matters further, raising the prospect of a constitutional crisis, as some Non-governmental Organisations have moved to court seeking to halt the elections until the boundaries review and delimitation exercise is completed.

Ethekon noted that the commission would need Sh8.49 billion to complete the delimitation exercise, originally scheduled for March 2024.

He expressed concern that carrying out the full exercise could create bottlenecks, potentially undermining the electoral agency’s readiness for the general polls.

The commission is already grappling with a Sh22 billion funding shortfall for the general election and Parliament has yet to release any funds for the delimitation exercise.

Instead, Ethekon said the Commission will adopt a phased approach, focusing first on “preparatory” and “technical” work, while deferring changes to constituency and ward boundaries until legal and institutional hurdles are resolved.

He added that this decision was made after considering guidance from the Supreme Court and the Attorney General.

“Several factors, including the absence of commissioners between January 2023 and July 2025, ongoing court cases, such as those affecting the validity of census data for Garissa, Wajir and Mandera counties, and the complexities of completing delimitation, made it impossible to finish the exercise by 2024,” stated Ethekon.

He explained that the commission cannot rely on the disputed 2019 census data for population figures, as the data is currently under court review.

Disputed census data

Validated census data is crucial, as it determines population quotas and is required to publish the preliminary report and notice of intention to delimit electoral boundaries.

“Until the courts resolve the issues and litigation surrounding the national census report, our work will be hindered because valid data is not available,” the chairperson reiterated.

Experts estimate that a full boundary delimitation exercise takes about two years, even though Article 89(4) requires any boundary review intended for a general election to be completed at least 12 months before the polls.This means completing delimitation by July 2026, the latest possible deadline, is now practically impossible.

Questions now abound on the legality of the forthcoming elections after a lawyer moved to court last month seeking to halt the elections until the Commission completes the constitutionally mandated review of constituency and ward boundaries.

Notably, Article 89(2) of the Constitution provides that the IEBC shall review names and boundaries of constituencies at intervals of not less than eight years, and not more than 12 years. The last review was carried out in March 2012.

The petitioner, Advocate Philip Kipkemoi Langat, argued that the commission had failed to start the review, despite being fully appointed in July 2025.  

“Pending the hearing and determination of the petition herein, a conservatory order be and is hereby issued barring the respondent from conducting or supervising referenda and elections to any elective body or office established by the constitution, and any other elections as prescribed by an Act of Parliament, without first reviewing the number, names and boundaries of constituencies and wards,” reads the petition.

The petitioner expressed concern that holding elections before the review could undermine representation, given changes in population distribution, urban growth and community interests.

“The respondent has embarked on putting the cart before the horse, by preparing for general election before first conducting the delimitation of electoral units hence the people of Kenya shall suffer irreparable and irreversible injury based on changing population quota, geographical features and urban centres; community of interest, historical, economic and cultural ties; and means of communication,” further read the petition filed by his lawyer Felix Keaton.

Constitutional Lawyer Evance Ndong now observes that whereas the petition raises valid points, it is not likely to lead to the halting of the 2027 elections.

“Unless there is a very radical judge, the best the court will do in light of the petition is acknowledge of receipt and review but consider giving a judgement that will be the best course of action moving forward…I foresee the court saying the matter is overtaken by events given that the institution expected to implement the exercise is not capable of doing it within the set time lines,” says Ndong.

He explained that given the current predicament faced by IEBC, and engineered by the class, the commission adopted the “most constitutionally viable option” because it chose to preserve the boundaries as they are and retain the sanctity of the elections.

“Court orders are not designed to be given in a manner that creates further constitutional crisis. It is unlikely that a judge will halt the general elections because it is known that the election must be held after every five years and that is the predictability that the Constitution envisages,” emphasized Ndong.

IEBC dismissed claims that it plans to increase constituencies beyond the current 290. Ethekon noted strong interest from both the political class and citizens regarding boundary delimitation, but emphasized that expectations of adding more constituencies are unfounded.