The High Court of Kenya is set to deliver a ruling on February 25, 2027, regarding a petition filed by Philip Kipkemoi Langat against the Independent Electoral and Boundaries Commission (IEBC). Langat argues that IEBC has failed to fulfill its constitutional responsibility to periodically review electoral boundaries, as stipulated in Article 89 of the Kenyan Constitution. The petition, filed through lawyer Felix Keaton, claims that IEBC's inaction has raised concerns about the legitimacy of the August 10, 2027 General Election.
According to Langat, the last review of electoral boundaries was gazetted on March 6, 2012, and the next review was due between March 6, 2020, and March 6, 2024. However, IEBC failed to undertake the exercise within the prescribed period. Langat contends that the expiration of the period does not absolve IEBC of its constitutional obligation, emphasizing that "the constitutional duty does not disappear merely because the period within which it ought to have been performed has expired."
The petition has drawn attention to the potential implications of the delayed review on the upcoming General Election. One of the key questions before the court is whether IEBC can conduct the overdue exercise before the August 10, 2027 polls and, if it does, whether the resulting boundaries could legally be used during the election. The court's decision will have significant consequences for the electoral process in Kenya.
The Attorney General, Law Society of Kenya (LSK), and Katiba Institute have been joined as parties in the proceedings. Katiba Institute agrees that boundary delimitation is a mandatory constitutional function of IEBC but has opposed orders that could affect the conduct of the 2027 elections. The Institute argues that the existing constituencies and wards continue to have legal effect until a fresh review is completed and new boundaries are lawfully put in place.
Katiba Institute has submitted that the deadline for a review whose results could be used in the 2027 General Election expired on August 10, 2026. The Institute has asked the court to declare that IEBC breached its obligation under Article 89 but reject any move to suspend or invalidate the elections due to the delayed boundary review. Instead, the Institute proposes that the court require IEBC to prepare and publish a roadmap for conducting the overdue exercise.
IEBC has acknowledged that it did not meet the constitutional deadline for the exercise, citing vacancies within its membership, court proceedings relating to the 2019 census data, and other legal and institutional challenges as contributing factors. The commission's failure to complete the review within the required period has raised concerns about the legitimacy of the upcoming General Election.
The High Court's ruling will determine whether to grant declaratory and supervisory orders over the delayed boundary review and whether the failure to complete the exercise within the required period has any legal effect on the 2027 General Election. The court's decision will have far-reaching implications for Kenya's electoral process and the role of IEBC in ensuring the integrity of the elections.
Key points
- The High Court of Kenya will rule on February 25, 2027, on a petition filed against IEBC's failure to review electoral boundaries.
- The petition argues that IEBC's inaction has raised concerns about the legitimacy of the August 10, 2027 General Election.
- The court's decision will determine whether IEBC can conduct the overdue exercise before the 2027 polls and whether the resulting boundaries could legally be used during the election.
