• While appearing before the National Assembly Petitions Committee, Independent Electro and Boundaries Commission (IEBC) CEO Marjan Hussein revealed a possible constitutional crisis. The delay in the boundary review on electoral units has posed a significant challenge to the commission because it is not substantive.
  • The pressure on the commission mounts as Article 89 (2) of the constitution provides that the boundaries should not exceed 12 years or less than 8 years without being reviewed. The last time the boundaries were reviewed was in March 2012, and the period for the following review elapsed on March 2024.

While appearing before the National Assembly Petitions Committee on November 28, 2024, Independent Electoral and Boundaries Commission (IEBC) CEO Marjan Hussein revealed a possible constitutional crisis. The delay in the boundary review on electoral units has posed a significant challenge to the commission because it is not substantive.

The pressure on the commission mounts as Article 89 (2) of the Constitution provides that the boundaries should not exceed 12 years or less than 8 years without being reviewed. The last time the boundaries were reviewed was in March 2012, and the period for the following review elapsed in March 2024.

Additionally, the commission has been facing challenges in fulfilling its mandate as it lacks commissioners to conduct its duties. The commission has been without a complete set of commissioners since January 2023, when the contracts of Former Chairman Wafula Chebukati alongside commissioners Boya Molu and Abdi Guliye ended.

Additionally, the four other commissioners – Juliana Cherera, Francis Wanderi, Justus Nyang'aya, and Irene Masit – were removed from office following their dissent against the 2022 presidential election results, which declared President William Ruto the winner.

Marjan further revealed that the Attorney General advised the commission to proceed to the Supreme Court for guidance, citing that proceeding with the boundary review without the necessary commissioners may cause legal problems and political instability and diminish the integrity of the electoral boundaries.

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"We seek the Supreme Court's guidance on whether the commission can undertake the delimitation process without commissioners if the review can occur after timelines have lapsed, and whether the constitutional deadlines can be extended," Marjan said.

According to the CEO, failing to conduct these reviews may drastically affect the electoral process.

"The boundary review must be completed at least one year before the 2027 general elections to ensure proper election mapping," said Marjan.

Some lawmakers have attempted to extend the deadline. Tharaka MP George Murugara, chair of the Justice and Legal Affairs committee, will ensure representation and solutions to unforeseen challenges.

Marhan further revealed that there will be no additional constituency from the 290. However, the commission will rename and adjust the number of the 1430 wards.