Nairobi, Kenya – The Independent Electoral and Boundaries Commission (IEBC) has unveiled plans to review constituency and ward boundaries using a phased approach, citing legal, constitutional, and operational constraints that have delayed the exercise beyond stipulated timelines.
Speaking to the press on Tuesday, IEBC Chairperson Erastus Edung Ethekon emphasized that boundary delimitation remains a constitutional cornerstone but acknowledged that the commission has exceeded the required review timelines of eight to 12 years. The last review, he noted, should have been concluded by 2024.
Reasons for Delay
Ethekon attributed the delay to several setbacks, including:
- The prolonged absence of commissioners, which forced the secretariat to suspend the process since boundary review requires a fully constituted commission.
- Legal challenges surrounding the 2019 census data, which is currently subject to court proceedings. The census figures are critical to the delimitation process, but until the matter is resolved, the commission’s work remains grounded.
“The legal injunctions we are facing pose a potential threat to the delivery of our mandate,” Ethekon said, adding that both elections and boundary delimitation require extensive stakeholder engagement.
Operational Strains
The IEBC chairperson also highlighted additional challenges, including:
- Pending by-elections
- Gaps in voter education
- A funding shortfall of approximately Sh20 billion needed to conduct the 2027 General Election
He warned that these constraints could undermine the commission’s preparedness for the upcoming polls.
Constitutional Timelines
Under the Constitution, boundary delimitation should be completed at least one year before a general election. Ethekon admitted that the country has already missed this timeline, noting that the exercise typically takes about two years to complete.
Phased Approach and Legal Guidance
To address the situation, the commission has opted for a phased and legally cautious approach, which Ethekon described as a defensive strategy aimed at safeguarding preparations for the next general election.
The IEBC has sought advisory opinions from the Attorney General and the Supreme Court to guide its next steps. Depending on the outcome of the court cases affecting the boundary review, the commission will determine whether to fully focus on election preparations.
Constitutional Inconsistencies
Ethekon also pointed to constitutional and legal inconsistencies:
- While the IEBC has the mandate to review boundaries, it cannot alter the number of constituencies.
- The County Governments Act has capped the number of wards, yet the commission is constitutionally required to review ward boundaries.
Conclusion
The IEBC’s phased boundary review plan underscores the delicate balance between legal obligations, operational capacity, and electoral preparedness. As Kenya heads toward the 2027 General Election, the commission faces mounting pressure to resolve boundary issues, secure adequate funding, and ensure that constitutional timelines are respected.
