The Supreme Court has declined to issue an advisory opinion to the Independent Electoral and Boundaries Commission (IEBC) on extending the already-lapsed timelines for boundary delimitation, a move that could affect preparations for the 2027 General Election.
The judges ruled that the request, filed on July 4, 2024, by IEBC CEO Marjan Hussein, was invalid since it was submitted by the Commission Secretary in his personal capacity, and not by the Commission as a collective body.
“The Court found that for the purposes of Articles 88, 249, and 250 of the Constitution, the Secretary is not the Commission itself and therefore lacked the legal standing to make such a request,” said constitutional lawyer Evans Ogada.
Ogada noted that the decision underscores strict adherence to constitutional procedure and signals that no boundary review will be carried out, which may have far-reaching implications on the 2027 polls.
In their judgment, the Supreme Court bench further highlighted Kenya’s persistent electoral mistrust, citing years of politicisation, interference with IEBC’s independence, and delayed reforms.
“This deficit did not occur by accident; rather, it is the product of decades of politicisation of the electoral process, relentless attacks on the Commission’s independence, and a failure to implement electoral reforms in good time and in good faith,” the judges stated.
The court stressed that political leaders must exercise their constitutional duty responsibly by strengthening institutions instead of undermining them for short-term gain.
The judges also ruled that in the absence of commissioners or quorum, the IEBC Secretariat cannot carry out constitutional functions, including boundary reviews, elections, and referenda.
The application had sought clarity on three issues: whether IEBC could operate without commissioners, whether boundary reviews could be conducted despite lapsed timelines under Article 89, and whether those timelines could be extended.
With the court’s ruling, questions remain over how electoral boundaries will be managed ahead of the 2027 General Election.
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