A petition filed at the Milimani High Court seeks to freeze all elections by the Independent Electoral and Boundaries Commission until it completes a constitutionally required review of constituency and ward boundaries.
Lawyer Philip Kipkemoi Langat argues that Article 89 compels the IEBC to review electoral boundaries every eight to twelve years, with the process concluded at least 12 months before a general election. He says the commission has taken no steps to begin the review, despite being fully reconstituted in July 2025 after months of vacancies caused by resignations, retirements and tribunal removals.
Through his advocate Felix Keaton, Langat wants the court to issue conservatory orders barring the IEBC from conducting or supervising any elections or referenda until the delimitation exercise is completed. The petition warns that proceeding to polls without updated boundaries would undermine fair representation.
Court papers accuse the commission of “putting the cart before the horse” by preparing for elections before reviewing electoral units, arguing that population shifts, rapid urban growth and changing community interests would leave voters exposed to “irreparable and irreversible harm”.
Langat has asked the court to certify the case as urgent, refer it to a bench of at least three judges, and stop the IEBC from holding any elections until delimitation is done. He notes that the last boundary review was carried out in 2012 and says a new one should have been concluded by March 2024.
