A fresh application has been filed in court challenging the Independent Electoral and Boundaries Commission (IEBC) to conduct the by-elections of 2026. The applicant claims that the commission has not yet completed the required constitutional review of the constituency and ward boundaries, which is the essential stage for conducting by-elections.
The petitioner contends that the setting of by-elections without first changing the borders to reflect the people movement would not only tarnish the voting process’s credibility but also account for a legal violation.
This legal matter erupts in the background of holding elections in different places such as the Muminji and Evurore wards in Mbeere North and one in the West Kabras ward in Kakamega County.
The petitioner accuses the IEBC of dragging its feet in carrying out the boundary review and adjustment, which is a constitutional requirement after every census. Hence, the constituency and electorate are not evenly distributed in corresponding proportions. In their view, the elections should not take place without a new boundary review, as this would be an infringement on the rights of the voters, and their participation in the election process would not be on an equal footing.
While the court takes the petition hearing as an important event, the participants among the contenders are already aware of the legal and political implications that this petition carries. Those advocating the petition reason it as a step to enforce constitutional standards and to maintain fairness in electoral disputes.
However, the opponents state that delaying the by-elections might result in the communities being unrepresented for a longer duration; hence, it would lead to the democratic process being interrupted. The decision by the High Court regarding whether or not to grant the petition’s remedy will be a determining factor in the lead-up to the 2026 elections.
Leave a Reply