Block IEBC from conducting by-elections due to failure to review boundaries - Petitioner

The petitioner, Advocate Philip Kipkemoi Langat, argues that Article 89 requires the Commission to review electoral boundaries at intervals of eight to twelve years, with any review completed at least twelve months before a general election. 

"The last delimitation took place in 2012, meaning a new review should have been completed by March 2024," he argues. 

Langat’s lawyers Felix Keaton, argues that the Commission has failed to start the review, despite being fully appointed in July 2025 after a period of vacancies caused by resignations, retirements, and tribunal removals. 

"Pending the hearing and determination of the Petition herein, a conservatory order be and is hereby issued barring the Respondent from conducting or supervising referenda and elections to any elective body or office established by  the Constitution, and any other elections as prescribed by an Act of Parliament, without first reviewing the number, names and boundaries of Constituencies and wards," reads the petition 

The petitioner warns that holding elections before the review could undermine representation, given changes in population distribution, urban growth, and community interests.

"The Respondent has embarked on putting the cart before the horse, by preparing for general election before first conducting the delimitation of electoral units hence the People of Kenya shall suffer irreparable and irreversible injury based on changing population quota, geographical features and urban centres; community of interest, historical, economic and cultural ties; and means of communication," reads court papers 

The lawyer is asking the Court to certify the petition as urgent and heard on priority, confirm that it raises substantial questions of law to be heard by no fewer than three judges, and issue an order barring the Commission from conducting any elections until the delimitation process is complete.