Kenya is hurtling toward the 2027 general elections, but the Independent Electoral and Boundaries Commission (IEBC) remains in a state of limbo. It is deeply concerning that the commission, which plays a pivotal role in the democratic process, is not fully constituted, despite key constitutional timelines having elapsed.
Since the tenure of the last commissioners expired in January 2023, the IEBC has operated without its full leadership, relying only on its secretariat. The absence of commissioners has left the institution unable to make critical policy decisions, and its capacity to deliver a free, fair, and credible election in 2027 now hangs in the balance.
Court Injunction Halts Vetting Process
On May 20, 2025, the High Court issued a temporary injunction halting the vetting process for the newly nominated IEBC commissioners. The Justice and Legal Affairs Committee (JLAC) of Parliament had scheduled the vetting to begin on May 26, but the legal challenge—citing procedural irregularities—prompted Justice Lawrence Mugambi to suspend the process pending a ruling, expected on May 29.
The seven nominees awaiting clearance are:
- Erastus Ethekon (Chairperson)
- Ann Nderitu
- Moses Mukhwana
- Mary Sorobit
- Hassan Noor Hassan
- Francis Aduol
- Fahima Abdallah
This delay compounds an already dire situation where the IEBC has been unable to carry out essential functions for more than a year.
Missed Timelines and Legal Mandates
The most pressing issue is the lapse of the constitutional deadline for boundary delimitation. Article 89 of the Constitution requires a review of constituency boundaries every 8–12 years, and 2024 marked the deadline for such an exercise. This review is essential for equitable representation, considering changes in population and demographics.
Without a constituted commission, the delimitation process remains in abeyance. The IEBC secretariat petitioned the Supreme Court in February 2024 for guidance on whether it could proceed with the review without commissioners. The court has yet to offer clarity.
Additionally, multiple by-elections have not been conducted despite the death or resignation of elected leaders since 2023, disenfranchising several constituencies and counties.
27 Constituencies at Risk
A major implication of the failure to review boundaries is the potential dissolution of 27 constituencies created under a 2010 special exemption. These constituencies did not meet the population threshold but were allowed to exist temporarily, pending a full boundary review. If the IEBC does not act, these constituencies such as Teso North and South, Kuria East and West, and Lamu East and West may cease to exist legally, leaving entire regions without representation in 2027.
Former KICC Chair Irungu Nyakera has warned of this impending crisis and urged the enactment of the National Dialogue Committee (NADCO) legislative proposals to either extend the boundary review deadline or permanently protect the constituencies.
Technological and Operational Setbacks
The IEBC is also lagging behind in upgrading critical election technology. Systems such as the Kenya Integrated Election Management System (KIEMS) kits and Biometric Voter Registration (BVR) kits need timely replacement and upgrades. This task requires long procurement processes, stakeholder consultation, and testing—activities that cannot be crammed into the months before an election.
Under the Elections Act, the IEBC is mandated to:
- Inspect and update the voter register
- Verify biometric data
- Conduct an audit of the voter register
None of these activities have commenced since the 2022 elections, increasing the risk of electoral disputes in 2027.
Constitutional and Political Wrangles
The delay in reconstituting the IEBC also highlights a larger political and legal dilemma. The NADCO report had recommended expanding the IEBC selection panel from seven to nine members to enhance inclusivity. This recommendation was adopted, and the selection panel was inaugurated in February 2024.
However, the legal challenge currently stalling the vetting process has reignited debate in Parliament. While the National Assembly’s JLAC was prepared to conduct the vetting, Senators have demanded to be involved, arguing the matter is of national significance affecting both Houses. This disagreement further delays progress.
JLAC Chair George Murugara has acknowledged the looming deadline, warning that if Parliament cannot meet the 28-day legal window to complete the vetting, it must either amend relevant statutes or await the High Court ruling.
The Risk of Last-Minute Appointments
Kenya has a recurring pattern of appointing IEBC commissioners too close to general elections. This results in commissioners lacking proper induction, limited stakeholder engagement, and poor election preparedness. If the current crisis continues, history may repeat itself with dire consequences for the integrity of the 2027 elections.
Conclusion: Can the Supreme Court Save the Day?
The judiciary now finds itself at the heart of Kenya’s electoral preparedness. The Supreme Court must rule on whether the IEBC secretariat can legally conduct boundary reviews without commissioners. The High Court must also determine whether the selection process for new commissioners followed due process.
If the courts provide clarity and Parliament acts swiftly, Kenya can still get back on track. But if delays persist, the consequences will be borne not by politicians, but by ordinary Kenyans some of whom may head to the 2027 polls without fair representation.
