Lawyer Philip Kipkemoi Langat has filed a petition with the High Court in Nairobi, seeking to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting the 2027 General Election unless it first undertakes the constitutionally required review of constituency and ward boundaries. Langat argues that the IEBC has failed to conduct a fresh delimitation exercise within the prescribed eight to 12-year period, as stipulated in the Constitution.
According to Langat, the last boundary review was gazetted on March 6, 2012, through Legal Notice No. 14 of 2012. This means that the next review ought to have been conducted between March 6, 2020, and March 6, 2024. However, Langat claims that no review was undertaken, completed, or commenced within that period. He has moved to court over what he describes as a continuing constitutional obligation.
Langat's petition names the Attorney General, Law Society of Kenya, and Katiba Institute as interested parties. The petitioner is represented by lawyer Felix Keaton. Langat's argument is based on Article 89 of the Constitution, which requires the IEBC to review constituency and ward boundaries within an eight to 12-year period.
The Katiba Institute has filed submissions in response to Langat's petition, agreeing with him on one key issue - that reviewing constituency and ward boundaries under Article 89 is a mandatory constitutional duty. However, the institute opposes the broader remedies sought by the petitioner, particularly an order stopping the IEBC from conducting elections before the boundary review is completed.
The Katiba Institute argues that although the constitutional deadline has lapsed, the existing constituencies and wards remain legally operative until a lawful review is conducted and new boundaries take effect. The institute has asked the court to declare that the IEBC failed to comply with Article 89 but reject any attempt to suspend elections or declare future elections invalid because of the delayed review.
Langat's petition seeks to compel the IEBC to undertake the boundary review before proceeding with the 2027 General Election. The petition raises concerns about the legitimacy and credibility of the electoral process if the boundary review is not conducted in accordance with the Constitution. The court's decision will have implications for the IEBC's preparations for the 2027 General Election.
The case will be heard by the High Court in Nairobi, with the petitioner and interested parties presenting their arguments before a judge. The court's ruling will determine whether the IEBC can proceed with the 2027 General Election as scheduled or if it must first complete the boundary review.
Key points
- The petitioner, lawyer Philip Kipkemoi Langat, argues that the IEBC's failure to conduct a boundary review within the constitutional timeframe is a continuing constitutional obligation.
- The Katiba Institute agrees that reviewing constituency and ward boundaries is a mandatory constitutional duty but opposes stopping the IEBC from conducting elections before the boundary review is completed.
- The court's decision will have implications for the IEBC's preparations for the 2027 General Election and the legitimacy of the electoral process.
