IEBC chair: Full boundary review ahead of 2027 would overstretch IEBC

The Independent Electoral and Boundaries Commission (IEBC) has announced it will adopt a phased approach to reviewing constituency and ward boundaries, citing constitutional, legal, and operational constraints that make a full delimitation before the August 2027 General Election impractical.

In a statement released on January 27, 2026, the Commission emphasised that boundary delimitation is central to Kenya’s representative democracy, ensuring the principle of “one person, one vote, one value” is upheld.

The review process, it said, must reflect population changes and evolving geographic realities.

“The Commission’s decision reflects our commitment to upholding constitutionalism while safeguarding the integrity and preparedness of the electoral process,” the statement said.

The IEBC traced the origins of the current review process to the first boundaries review concluded in 2012 and the subsequent development of the Boundaries Review Operations Plan (BROP) 2019-2024. Preparatory work, including strategy development, situational analysis, pilot studies, acquisition of geospatial tools, and institutional capacity building, has been ongoing since 2019.

However, the Commission said progress was hampered by a series of constraints. Between January 17, 2023 and July 11, 2025, the Commission operated without commissioners, leaving the Secretariat unable to make key policy decisions.

“Approvals of the new Boundary Review Operations Plan 2025 and other policy directives on boundary delimitation were affected,” the statement noted.

Legal challenges also stalled the process. The High Court in Garissa, in Petition No. 4 of 2020, invalidated the 2019 Kenya Population and Housing Census data for Garissa, Wajir, and Mandera counties, citing procedural deficiencies.

The Court of Appeal maintained the status quo pending the outcome of Civil Appeal No. 236 of 2025. The Commission emphasised that a valid, legally recognised census report is essential for determining population quotas and publishing the Preliminary Report and Notice of Intention to Delimit boundaries.

“The work will be hindered to the extent that the valid census data is not available,” the Commission warned.

Ongoing litigation has also exposed the IEBC to legal risks. "Some Kenyans have sued the Commission to compel it to conduct the boundary review ahead of the 2027 General Election. The outcome of these cases, and any future litigation, could affect election preparations."

Additionally, the Commission sought guidance from the Supreme Court on whether the Secretariat could lawfully proceed without commissioners. The Court clarified that the Commission must apply its mind to its mandate, but the process could not proceed solely through the Secretariat. This, the IEBC said, contributed to delays.

Chairperson Erastus Edung Ethekon said competing electoral priorities have further complicated matters. The Commission is simultaneously managing by-elections, continuous voter registration, legal and institutional reforms, and preparations for the 2027 General Election.

“Undertaking full delimitation alongside other critical obligations would create operational bottlenecks and compromise overall electoral preparedness,” the statement said.

Time constraints also make a full review unrealistic. A complete delimitation requires a minimum of two years, while Article 89(4) of the Constitution mandates completion at least 12 months before an election. With less than seven months remaining and a four-month dispute resolution period, only three months would remain to complete the process.

In light of these challenges, the Commission consulted the Attorney General and the Supreme Court. The advisory opinion, delivered on September 5, 2025, highlighted the urgency of addressing voter dilution, affirmed IEBC’s independence, and emphasised that boundary delimitation implicates broader constitutional values beyond strict timelines.

The Commission concluded that a phased approach is the most constitutionally sound and legally defensible path. Preparatory activities, including geo-data collection, capacity building, and acquisition of tools, will be immediately upscaled.

Boundary delimitation itself, however, will only occur after the 2027 General Election, using legally validated population data.

No constituency or ward boundaries will be reviewed before the election, the Commission clarified.

While there has been significant public and political interest in splitting wards and constituencies, Article 89(1) limits the number of constituencies to 290. Similarly, Section 26 of the County Governments Act, 2012 caps wards at 1,450, creating a legal conflict the Commission said requires parliamentary resolution.

“The phased approach allows the Commission to responsibly manage risks while progressively advancing its constitutional mandate,” the statement said. The IEBC said it remains fully aware of the operational, legal, and time-related risks inherent in the delimitation process, including ongoing litigation and competing electoral priorities.

Looking ahead, the Commission said it will share detailed work plans, timelines, and methodologies with stakeholders and the public. It will continue engaging Parliament and the National Treasury on resources, maintain structured public participation, and monitor litigation affecting census data.

Chairperson Erastus Edung Ethekon emphasised that the approach reflects the Commission’s commitment to the Constitution, the rule of law, and the democratic rights of Kenyans.

“Boundary delimitation is undertaken lawfully, transparently, and sustainably, while safeguarding the orderly conduct and credibility of the 2027 General Election,” he said.

The phased review approach aims to balance constitutional obligations with practical realities, ensuring that Kenya enters the 2027 General Election with a credible, orderly, and legally sound electoral framework.