Validity of 2027 general elections uncertain as IEBC shuts doors for boundary review ahead of 2027

Fears are rife that the country could be courting a constitutional crisis that could and ultimately jeoperdise the validity of the upcoming general elections after the electoral body ruled out the possibility of a boundary delimitation before the 2027 polls.

Effectively, this means that the 2027 general elections will be held under outdated electoral boundaries, a direct violation of Article 89 of the Constitution of Kenya (2010), which requires such a review to be conducted every 8 to 12 years.

Yesterday, the Independent Electoral and Boundaries Commission (IEBC) indicated that a review cannot be carried out in time.

The country has not reviewed its electoral boundaries since 2012.

The new development that could plunge the country into a monumental constitutional crisis comes even as the commission targets to add 6.3 million new voters to its register ahead of the 2027 polls.

IEBC chairperson Erastus Ethekon dropped the bombshell yesterday while appearing before the National Assembly’s Constitution Implementation Oversight Committee where he described the delimitation exercise as both complex and politically charged, requiring at least two to three years to complete.

“We need two to three years to conduct this technical and emotive issue,” Ethekon said, stressing that Parliament must act to prevent a constitutional crisis.

The Constitution mandates boundary reviews at intervals of eight to 12 years, to be completed at least a year before a general election.

The process, which adjusts constituency and ward boundaries to reflect population growth, is highly sensitive because it affects political representation and can determine whether some areas are merged, split, or abolished.

Article 89 of the Constitution of Kenya (2010) provides a clear legal framework for electoral boundary reviews.

Article 89 Sub-Section 2, under Chapter Seven (Representation of the People), states: “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, and may alter the names and boundaries of constituencies.”

Further, Article 89(3) outlines that the commission shall review the number, names and boundaries of wards periodically as provided for by clause (2).”

Article 89(4) provides that if a review of boundaries is due, the Independent Electoral and Boundaries Commission shall suspend that review until after the next general election.

The last boundary review was conducted in March 2012. As of 2025, Kenya is now in its thirteenth year without a boundary review, violating the 12-year maximum allowed by law.

The minimum eight-year period ended in 2020, while the 12-year maximum expired in March 2024.

Legal experts observe that the constitutional requirement for regular boundary reviews is not just procedural, rather, it serves a foundational democratic purpose: ensuring equal representation for all citizens.

However, IEBC was without commissioners for more than two years, leaving the timelines unachievable until the commission was reconstituted this year.

Meanwhile, appearing before MPs on Thursday, IEBC CEO Marjan Hussein Marjan said the commission had initially projected Sh61.7 billion for the polls, but the Treasury reduced the figure to Sh57.3 billion.

“The National Treasury allocated Sh49.75 billion, which is not adequate and translates to a deficit of Sh7.6 billion. The deficit will affect the Commission adversely in conducting the elections,” Marjan said.

IEBC chairman Ethekon announced that the commission will launch a continuous voter registration drive on September 29, 2025.

However, he clarified that constituencies where by-elections are underway will only access the service after the polls are concluded.