In a landmark ruling, the High Court of Kenya at Milimani Law Courts, Nairobi, has certified as urgent a petition seeking to bar the Independent Electoral and Boundaries Commission (IEBC) from conducting any elections until the constitutionally mandated review of electoral boundaries is undertaken.
The petition was filed by Philip Kipkemoi Langat, who argues that the IEBC failed to conduct the required boundary review, which was due by March 2024 but was not completed because the commission was not fully constituted on time.
Under the court’s directions:
Parties supporting certification must file responses or written submissions by 9 January 2026.
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Parties opposing certification must file theirs by 16 January 2026.
The case will be mentioned again on 28 January 2026 to confirm compliance and issue further directions.
Alongside the IEBC, some of the interested parties enjoined to participate in the proceedings, recognizing the broad constitutional questions include:
The Attorney‑General (AG)
The Law Society of Kenya (LSK)
The Katiba Institute (a constitutional law think‑tank).
These interested parties will have the opportunity to submit arguments to the court on whether the petition raises substantial constitutional issues.
The legal challenge focuses on the IEBC’s failure to carry out an electoral boundary review in accordance with Article 89 of the Constitution of Kenya, 2010. Under Article 89:
The IEBC must review constituency and ward boundaries every 8–12 years.
Any review must be completed at least 12 months before a general election.
A person may apply to the High Court for review of a decision made under Article 89.
Because the last comprehensive boundary review was carried out in 2012, the deadline lapsed ahead of the next general election, raising legal questions about whether polls can lawfully proceed under outdated boundaries.
At this stage, the High Court’s order is primarily procedural, certifying the petition as urgent and directing parties to file submissions. It is not yet a substantive ruling invalidating past by‑elections or automatically cancelling future polls.
However, if the court ultimately finds that conducting elections without a valid boundary review is unconstitutional, it could have far‑reaching implications for both already held by‑elections and the 2027 General Election.
The case has intensified debate across political and civil society arenas. Leaders have warned that failure to resolve boundary review compliance could expose Kenya’s electoral process to legal challenges and undermine confidence in democratic outcomes.
The IEBC has not yet indicated whether it will file an appeal against the High Court’s directions, but the matter is expected to proceed on an expedited basis as the court examines the constitutional validity of holding elections without a proper boundary review.
