A voter has taken the Independent Electoral and Boundaries Commission (IEBC) to the High Court in Nairobi, challenging the suspension of continuous voter registration in Embakasi North Constituency.
In his constitutional petition, Joseph Kinuthia Nyambura, alias Lawyer wa Mtaa, accuses the IEBC of unlawfully halting voter registration across the entire constituency following the announcement of a by-election in Kariobangi North Ward.
Through his lawyer Shadrack Wambui, Nyambura argues that the decision violates both the Constitution and the Elections Act, which guarantee every citizen the right to be registered as a voter without unreasonable restrictions.
The petitioner has filed an urgent application seeking conservatory orders to compel the IEBC to review Gazette Notice No. 12009 of August 27, 2025, which suspended voter registration in Embakasi North. He wants the court to order the resumption of registration in all wards except Kariobangi North, where a by-election is scheduled for November 27, 2025, under Gazette Notice No. 11158 of August 8, 2025.
Nyambura contends that the IEBC’s blanket suspension contravenes Article 38(3) of the Constitution, which guarantees political rights, and Section 5(b) of the Elections Act, which only permits suspension of voter registration in the specific area where a by-election is taking place.
“The exclusion of the entire constituency from the ongoing voter registration exercise is unlawful and discriminatory,” said Wambui, noting that the decision disenfranchises thousands of eligible voters in other wards.
Nyambura further warns that the delay in resuming voter registration will have far-reaching consequences on public participation and trust in electoral processes. He insists that reinstating voter registration will uphold constitutional principles, ensure equal treatment of citizens, and protect democratic rights.
If the court grants the orders sought, voter registration in Embakasi North could resume immediately—restoring access for residents eager to participate in Kenya’s electoral processes
