High Court enjoins AG, LSK in petition seeking to halt elections pending boundary review

In directions issued by the court, the petitioner was ordered to immediately serve the Respondent and all Interested Parties with the Chamber Summons, Notice of Motion, Petition and the court’s directions in both hard and soft copy, and to file an affidavit of service by close of business on January 2, 2026.

The court further directed that prayers seeking certification of the petition as raising substantial questions of law under Article 165(4) of the Constitution be heard and determined on priority before any other issues. Parties supporting certification were granted leave to file responses, affidavits or written submissions by January 9, 2026, while those opposed were given until January 16, 2026. 

The matter will be mentioned on January 28, 2026 to confirm compliance and for further directions.

The directions arise from a petition filed by Philip Kipkemoi Langat, who is seeking urgent court orders to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting or supervising any elections until it completes the constitutionally mandated review of constituency and ward boundaries.

Langat argues that Article 89 of the Constitution requires the IEBC to review electoral boundaries at intervals of between eight and twelve years, with any such review completed at least twelve months before a general election. He contends that the last delimitation exercise was conducted in 2012, meaning a new review ought to have been concluded by March 2024.

Through his lawyers, led by Felix Keaton, Langat submits that despite the IEBC being fully constituted in July 2025 after a prolonged period of vacancies caused by resignations, retirements and tribunal removals, the Commission has failed to commence the delimitation process.

In the petition, the court is asked to issue a conservatory order barring the IEBC from conducting or supervising referenda and elections to any elective office established by the Constitution, or any other elections prescribed by an Act of Parliament, without first reviewing the number, names and boundaries of constituencies and wards.

The petitioner warns that proceeding with elections before undertaking the review would undermine the principle of fair and effective representation, given changes in population distribution, urban expansion and evolving community interests.

Court papers accuse the Commission of “putting the cart before the horse” by preparing for elections before conducting delimitation, arguing that Kenyans stand to suffer irreparable and irreversible harm due to shifts in population quotas, geographical features, urban centres, communities of interest, as well as historical, economic and cultural ties.

Langat is also asking the court to certify the petition as urgent, declare that it raises substantial questions of law warranting determination by a bench of not fewer than three judges, and issue orders stopping the IEBC from conducting any elections until the boundary review is completed.