A city lawyer has filed a petition in the High Court challenging the Independent Electoral and Boundaries Commission (IEBC) for excluding Embakasi North Constituency from the ongoing continuous voter registration exercise. The petitioner, identified as Joseph Kinuthia Nyambura, also known as Lawyer wa Mtaa, is seeking conservatory orders compelling IEBC to immediately include the constituency in the registration process.
In his application filed under a certificate of urgency, Kinuthia argues that IEBC’s decision to omit Embakasi North from the list of active registration areas violates the constitutional rights of its residents. He cites Gazette Notice No. 12009, dated August 27, 2025, in which IEBC Chairperson Erastus Edung Ethekon announced the commencement of continuous voter registration in various constituencies across the country, excluding Embakasi North.
According to Kinuthia, the voter registration exercise began on September 29, 2025, in most constituencies, leaving out thousands of eligible voters in Embakasi North. He maintains that the indefinite suspension or delay of the process in the area risks disenfranchising potential voters, particularly with an upcoming by-election in the Kariobangi North ward.
The lawyer, who is also a registered voter in Embakasi North, contends that the IEBC’s omission undermines the principles of equality and fairness enshrined in the Constitution. He argues that every eligible Kenyan has the right to register and participate in elections, and that IEBC’s selective implementation of the exercise amounts to discrimination.
In his petition, Kinuthia is urging the court to issue a conservatory order compelling IEBC to amend Gazette Notice No. 12009 and include Embakasi North Constituency in the ongoing voter registration process. He further seeks a mandatory injunction requiring the commission to immediately commence voter registration in all wards within Embakasi North, excluding Kariobangi North ward where a by-election is scheduled.
Kinuthia emphasizes that failure to act promptly will have far-reaching consequences on voter participation and representation in future elections. He also warns that the delayed inclusion of Embakasi North could distort the integrity of voter data, particularly in densely populated urban areas where voter registration is already a challenge.
The case now awaits hearing and determination before the High Court, with residents of Embakasi North hoping for a swift resolution to allow them to take part in the national registration exercise.