The Independent Electoral and Boundaries Commission (IEBC) has warned that legal and constitutional challenges could affect its readiness to conduct the 2027 General Election.
Speaking to the press on Tuesday, IEBC Chairperson Erastus Edung Ethekon said the commission plans to review constituency and ward boundaries using a phased approach because of ongoing legal, constitutional, and operational constraints.
Boundary delimitation is a constitutional requirement and should be reviewed every eight to 12 years. However, Ethekon acknowledged that the commission has missed this timeline, noting that the last review should have been completed by 2024.
He explained that the delay was caused by several factors, including the long period when the commission lacked commissioners. During that time, the boundary review process was suspended because such decisions require a fully constituted commission.
Ethekon also said the IEBC cannot use population data from the 2019 census because the data is currently under court challenge. Since census figures are critical for boundary delimitation, the legal case has effectively stalled the process.
“The legal injunctions we are facing pose a serious threat to the delivery of our mandate,” Ethekon said, adding that boundary reviews and election preparations require wide consultations and careful planning.
He further noted that pending by-elections and gaps in voter education continue to stretch the commission’s limited capacity.
Under the Constitution, boundary delimitation must be completed at least one year before a general election. Ethekon warned that this deadline has already been missed, and the full process usually takes about two years to complete.
To manage the situation, the IEBC has adopted a cautious, phased approach aimed at protecting preparations for the 2027 polls. The commission has also sought advisory opinions from the Attorney General and the Supreme Court to guide its next steps.
Depending on the outcome of the court cases, Ethekon said the IEBC will decide whether to continue with boundary delimitation or focus fully on election preparations.
He also pointed out legal inconsistencies, noting that while the IEBC is mandated to review boundaries, it cannot change the number of constituencies. In addition, the County Governments Act caps the number of wards, yet the Constitution still requires regular ward boundary reviews.
On funding, the IEBC chairperson revealed that the commission faces a budget shortfall of about Sh20 billion to successfully conduct the 2027 General Election, further adding to its challenges.
Ethekon concluded by warning that unless these legal and financial issues are resolved, they could seriously undermine the commission’s preparedness for the next general election.
