IEBC rules out boundary delimitation before 2027 polls

IEBC chairperson Erastus Ethekon / FILE

The country will head into the 2027 polls without a review of constituency and ward boundaries, the electoral agency has said.

The Independent Electoral and Boundaries Commission (IEBC) ruled out the exercise, citing strict constitutional timelines, legal hurdles and competing priorities within the electoral cycle.

In a statement to the Senate, acting IEBC chief executive officer Moses Sunkuli said it is not feasible to undertake boundary delimitation before the August 10, 2027 general election.

The revelation has dashed hopes by leaders pushing for the subdivision of large constituencies in counties such as Kisii, Nyamira and Migori.

The clarification was issued in response to a request by Kisii Senator Richard Onyonka, who had sought details on measures put in place to ensure equitable representation through the review or subdivision of oversized constituencies ahead of the next election.

But the IEBC now says time has effectively run out.

Under Article 89 of the constitution, the commission is mandated to review electoral boundaries at intervals of not less than eight years and not more than 12 years.

Crucially, any review must be completed at least 12 months before a general election—setting a hard deadline of August 10, 2026, for the upcoming polls.

Sunkuli said with a few months remaining to that deadline, the commission says it cannot complete a process that typically takes at least two years.

“Boundary delimitation is a complex, resource-intensive and legally sensitive exercise that cannot be rushed without undermining its integrity,” he said.

The decision is a setback for leaders from densely populated regions who have long argued that existing constituencies are too large, making representation ineffective and straining service delivery.

Calls for subdivision have intensified in recent years, with population growth cited as a key factor.

However, the IEBC warned that attempting to carry out delimitation alongside preparations for the 2027 elections would compromise its core mandate.

The commission pointed to multiple competing priorities, including continuous voter registration, by-elections, legal reforms and logistical planning for the general election, saying these activities already place significant demands on its capacity.

“Conducting full delimitation alongside preparations for the August 2027 general election would compromise electoral preparedness and institutional focus,” the commission noted.

Further complicating the process are unresolved legal disputes surrounding census data, which is central to boundary review.

A High Court ruling in January 2025 invalidated the 2019 population census data for Garissa, Wajir and Mandera counties, citing failure to meet legal and procedural standards.

The case is currently before the Court of Appeal, with orders maintaining the status quo until a final determination is made. This uncertainty, the IEBC says, makes it difficult to rely on population data required for delimitation.

“Valid and legally defensible population data is a constitutional requirement for boundary review. Ongoing litigation therefore poses a significant challenge,” the commission said.

To navigate the constraints, the IEBC has adopted a phased approach to boundary delimitation. Under this strategy, the commission will proceed with preparatory activities such as geo-data collection, validation, capacity building and acquisition of technical tools.

However, the actual review and alteration of constituency and ward boundaries will be deferred until after the 2027 general election.

“No constituency or ward boundaries will be reviewed before the 2027 general election,” the commission stated.

The IEBC maintained the phased approach is the most legally sound option, allowing it to comply with constitutional requirements while avoiding rushed decisions that could trigger disputes or litigation.

It also noted that the constitution caps the number of constituencies at 290, meaning any review would only involve adjustments within that limit rather than the creation of new constituencies beyond the cap.

While the move is likely to spark political debate, particularly in regions pushing for increased representation, the commission insisted that safeguarding the credibility of the electoral process must take precedence.

INSTANT ANALYSIS

The Independent Electoral and Boundaries Commission has ruled out boundary delimitation before the 2027 elections, citing strict constitutional timelines, unresolved census disputes and competing electoral priorities. This means regions pushing for more constituencies will retain current boundaries, potentially sustaining inequalities in representation. The phased approach reflects a cautious, legally grounded stance, prioritising credible elections over rushed reforms. However, it exposes the Commission to political pressure and possible litigation, while delaying long-standing demands for fairer electoral representation in rapidly growing areas.