Failure by The Independent Electoral and Boundaries Commission (IEBC) to complete the constitutionally mandated boundaries review within the required timeframe has resulted to a constitutional crisis ahead of the 2027 general elections.
According to the Article 89 of the Constitution, IEBC is mandated to to review boundaries every 8 to 12 years, with the deadline for the most recent review lapsing in March 2024.
Article 89 reads: (1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97 (1) (a).
(2) The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.
(3) The Commission shall review the number, names and boundaries of wards periodically.
Members of Parliament, through an appeal by IEBC are considering an amendment to the Constitution to grant Parliament the power to extend the boundary review period,
If not passed and enacted in time, the 2027 general election is expected to use the existing 290 constituencies and 1450 wards.
According to the Kenya National Commission on Human Rights (KNCHR), the process of demarcation of boundaries affects political and fair representation and if not undertaken within the due processes can lead to the marginalisation and disenfranchisement of certain groups.
KNCHR reports that thr delimitation of boundaries also affects the sharing of resources which directly affects Economic, Social, and Cultural (ECOSOC) rights including the right to health, housing, food, water, social security, and education.
The Delimitation of boundaries also determines if the principles of devolved government as stipulated under Article 174 objectives are met as the population index remains one of the key parameters in the revenue-sharing framework.
During an IEBC Stakeholder Engagement Forum, Chairperson Erastus Edung Ehtekon emphasized that the integrity of elections depends on a strong and predictable legal framework, urging Parliament to fast‑track the enactment of key electoral laws well ahead of the next General Election.
The Supreme Court in September 2025 clarified that only Parliament, through a properly enacted constitutional amendment or resolution in line with recommendations of the National Dialogue Committee (NADCO), can extend such timelines.
While appearing before the Senate Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) on June 2025, Deputy Commission Secretary – Support Services, Obadiah Keitany enumerated the Commission’s preparedness, particularly on boundary delimitation exercise, legal reforms, voter education and voter registration, risk management, integration of technology in electoral processes and the need for adequate facilitation to enable the Commission carry out its mandate.
The Commission appealed to the Senate Committee and Parliament to act with urgency in supporting the Commission through adequate budgetary allocations and enactment of relevant election laws, which will be critical in ensuring readiness for the 2027 General Election.
