Speaker Moses Wetang’ula’s remarks came as constitutional lawyer Bobby Mkangu, a former member of the Committee of Experts for Constitutional Review, warned that conducting a boundary review under the current circumstances would be challenging. Mkangu noted that since the IEBC has yet to be reconstituted, it may be prudent to wait for an advisory from the Supreme Court on whether the review can proceed, given that the constitutional timeline has lapsed
National Assembly Speaker Moses Wetang’ula has raised concerns that the boundary delimitation process may not take place as scheduled due to delays in reconstituting the Independent Electoral and Boundaries Commission (IEBC).
Wetang’ula noted that the stalled reconstitution has already impacted the commission’s ability to conduct by-elections in various constituencies and wards, adding that it could also derail the creation of additional constituencies.
“The delay in the reconstitution of the IEBC has stalled crucial activities, including boundary delimitation, which is vital for the country’s electoral system, as well as the timely conduct of by-elections,” said Wetang’ula.
He further lamented that the prolonged legal battles surrounding the IEBC have cost the country valuable time. “We do not know whether there will be a possibility of boundary delimitation once the new commissioners assume office,” he added.
His remarks came as constitutional lawyer Bobby Mkangu, a former member of the Committee of Experts for Constitutional Review, warned that conducting a boundary review under the current circumstances would be difficult. Mkangu noted that since the IEBC is yet to be reconstituted, it may be prudent to wait for an advisory from the Supreme Court on whether the review can proceed, given that the constitutional timeline has lapsed.
The IEBC had sought guidance from the Supreme Court following Attorney General Justin Muturi’s recommendation that carrying out a boundary review without commissioners would be unconstitutional and could have serious political and social implications.
According to Article 89(2) of the Constitution, the IEBC is required to review constituency boundaries at intervals of no less than eight years and no more than 12 years. The last review took place in March 2012, meaning the deadline for the next review was March 2024— a deadline that has now passed.
Mkangu pointed out that even if the selection panel appoints new commissioners within the stipulated 90-day period, court battles could delay the process further. “If the panel takes three months to get commissioners in place, the earliest they can assume office is around April. However, legal challenges could arise, further delaying the process. Expecting the boundary review to be completed by August next year may be overly ambitious,” he said.
He added that while the delays will particularly affect the 27 special constituencies, all constituencies across the country will be impacted due to changes in population sizes.
Speaking during a mid-term retreat for National Assembly members in Naivasha, Nakuru County, Wetang’ula reiterated that the current 290 constituencies are constitutionally fixed, meaning any changes require careful legal considerations. However, he suggested that demographic-based adjustments could still be made to redistribute populations within existing constituencies.
“The importance of having a fully constituted commission cannot be overstated, as it directly affects the conduct of elections and the accuracy of electoral boundaries, which are crucial for fair representation in Parliament,” he emphasized.
Wetang’ula urged the IEBC selection panel to expedite the nomination and appointment of commissioners to avoid further delays. Currently, there are 11 electoral areas in need of by-elections for the National Assembly, while seven other by-elections remain pending due to vacancies left by deceased Members of County Assemblies (MCAs) and those appointed to President William Ruto’s Cabinet.
The nine-member selection panel, sworn in on Monday and gazetted by President Ruto, is tasked with recruiting nominees for the positions of chairperson and members of the IEBC. The panel comprises Kiome Lindah Gakii, Oloo Adams, James Evans Misati, Nicodemus Kipchirchir Bore, Koki Muli Grignon, Carolene Kituku, Tanui Andrew Kipkoech, Nelson Makanda and Fatuma Saman.
Leader of the Majority Party Kimani Ichung’wah echoed Wetang’ula’s sentiments, noting the growing frustration over the delay in reconstituting the IEBC. He emphasized that the National Assembly had already complied with a High Court ruling by passing the Independent Electoral and Boundaries Commission (Amendment) Act, 2023, which facilitated the formation of the selection panel.
“There are various constituencies that remain unrepresented, leaving citizens disenfranchised for far too long. It’s imperative that these gaps are addressed as a priority,” Ichung’wah stated.
Wetang’ula warned that the longer the delays persist, the more Kenyans risk being denied their constitutional right to representation. “It is imperative that the IEBC selection panel speeds up the reconstitution process so that all Kenyans can have full representation in Parliament and their local wards,” he said.
