Full boundary review impossible before 2027 elections, IEBC says

The Independent Electoral and Boundaries Commission (IEBC) has said that it is not possible to hold boundary reviews for the 290 constituencies and 1,450 wards across the country before the 2027 general election.

Acting IEBC CEO Moses Sunkuli told the Senate that due to the current timelines, including the need to allocate time for dispute resolution, it would not be feasible to complete the review of boundaries on time for the 2027 elections.

Sunkuli said IEBC must also operate within constitutional limits, including the cap of 290 constituencies and regarding other statutory provisions affecting wards, such as the County Government Act 2012. Currently, the Commission has less than seven months to the date.

“It is important to note that the present Constitution caps the number of constituencies at 290. Any review is limited to names and boundaries within this constitutional ceiling, with a notation that Section 26 of the County Government Act 2012 limits the number of wards to 1,450, whereas the Constitution confers upon the Commission the latitude to review the number, names and boundaries periodically,” said Sunkuli.

He said that the Commission considered that the remaining time must also factor in at least four months for dispute resolution envisaged by the Constitution. This leaves the Commission with three months within which to undertake the entire exercise, including the statutory processes.

Sunkuli told Senators that while boundary delimitation is essential to ensuring fair representation under the principle of “one person, one vote, one value,” the process requires substantial time, taking at least two years to complete. The Constitution requires that any review be finalised at least 12 months before a general election.

Following the conclusion of the 2012 boundaries review, the Commission developed the Boundaries Review Operation Plan to guide the process of delimitation. This was in line with Article 89 of the Constitution. The plan (2019–2024) outlines methodology, timelines, data requirements, and a public participation framework.

“The Commission resolved to undertake the review of constituency and ward boundaries through a phased approach, following a comprehensive assessment of constitutional requirements, judicial advice, resources, and the electoral calendar,” said Sunkuli.

Significant preparatory work has been undertaken, including strategy development, situational analysis, pilot studies, and institutional capacity building. However, the Commission is aware of active court cases affecting the validity of census data for 14 of 17 constituencies in Garissa, Wajir, and Mandera counties.

Sunkuli said the Commission has also considered other ongoing priorities under the electoral cycle, such as by-elections, the legal reform agenda, continuous voter registration, and preparations for the 2027 General Election, and assessed the practicality of conducting these concurrently with boundary delimitation.

“The Commission foresees significant bottlenecks should it attempt to conduct delimitation alongside these other obligations. Conducting full delimitation alongside preparations for the August 2027 General Election would compromise electoral preparedness and institutional focus,” he said.

Taking into account Articles 88 and 89 of the Constitution, statutory frameworks, advice from the Attorney General, the Supreme Court’s advisory opinion, the doctrine of constitutional necessity, binding decisions of the High Court and Court of Appeal affecting census data, and extensive internal deliberations, the Commission adopted a phased approach as the most constitutionally sound and legally defensible option.

This approach allows the Commission to continue preparatory and administrative activities while deferring stages that are legally contingent upon valid population data and final judicial resolution.

Preparatory and technical activities, including geo-data collection and validation, capacity building, and acquisition of requisite tools, will be upscaled immediately. Constituency and ward boundaries will be reviewed before the 2027 General Election, with substantive delimitation completed afterwards using legally validated population data.

Kisii Senator Richard Onyonka requested a statement from the Commission on constituency boundary reviews pursuant to Standing Order 53(1), through the Standing Committee on Justice, Legal Affairs and Human Rights.

Onyonka sought clarity on the review or subdivision of large constituencies in counties such as Kisii, Nyamira, and Migori. He noted that, as required by Article 89(2) and (3) of the Constitution, the IEBC is responsible for continuous review of constituency and ward boundaries at intervals of not less than eight years and not more than twelve years.

“We would like to know the measures in place to ensure the immediate review of large constituencies in counties such as Kisii, Nyamira, and Migori ahead of the 2027 general election, to promote equitable representation and manageable electoral units in line with Articles 89 and 95 of the Constitution,” said Onyonka.