A court case has been filed at Milimani Law Courts seeking to prevent the Independent Electoral and Boundaries Commission (IEBC) from conducting elections until it completes the constitutionally required review of electoral boundaries.
The petitioner, Advocate Philip Kipkemoi Langat, says the Constitution requires the Commission to review constituencies and wards every eight to twelve years and to finish the process at least a year before a general election. "The last delimitation took place in 2012, meaning a new review should have been completed by March 2024," he points out.
Langat’s lawyer, Felix Keaton, claims the Commission has not started the process despite being fully constituted in July 2025 after a period of resignations, retirements, and tribunal removals.
Court papers urge that a temporary order be issued stopping the Commission from conducting any elections or referenda without first reviewing the number, names, and boundaries of electoral units.
"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," the petition states.
The petitioner warns that elections held before the review could weaken representation, particularly with changing population patterns, urban development, and evolving 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," the documents read.
Langat is asking the court to classify the matter as urgent, prioritize it, and assign at least three judges to hear it. The petition also seeks an order barring the Commission from holding elections until the delimitation process is fully completed.
