Nairobi — A city lawyer has filed a petition seeking to bar the Independent Electoral and Boundaries Commission (IEBC) from conducting any elections or referendum until it complies with Section 89 of the Constitution, which mandates the review and limitation of electoral boundaries.
The petitioner, Philip Langat, contends that the IEBC has never conducted a full review of electoral boundaries as required by the Constitution, which specifies that boundary reviews must be carried out every eight years.
Through his lawyer, Felix Keaton, Langat argued that proceeding to call a general election without conducting boundary reviews would constitute a breach of the law.
Speaking to journalists at Milimani Law Courts, Keaton said the petition has been placed before Vacation Judge Justice Bahati Mwamuye for directions. He added that among the orders being sought is for the case to be referred to Chief Justice Martha Koome to empanel a bench of three to five judges to hear the application.
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Keaton also highlighted that several constituencies in Kenya have seen significant population growth since the last boundary delimitation exercise. He noted that Article 26 of the Constitution, which governs county governments, also regulates wards in a manner similar to constituencies, further emphasizing the need for boundary review before elections.
"The aim is to ensure compliance with constitutional provisions and uphold the principle of fair representation for all Kenyans," Keaton said.
The court is expected to give directions on the next steps for hearing the application.