A parliamentary committee has directed the Independent Electoral and Boundaries Commission (IEBC) to urgently begin reviewing electoral boundaries once it becomes fully operational, as delays now threaten compliance with the Constitution and could undermine the 2027 General Election.

The National Assembly’s Public Petitions Committee, in a report tabled on Thursday, instructed the commission to move swiftly in concluding the boundary review process in line with Article 89(4) of the Constitution.

This article requires a review of constituency and ward boundaries every eight to 12 years, with the last one done in 2012. The next was due by March 2024 but has stalled due to a leadership vacuum at the commission.

Since January 2023, the IEBC has not had commissioners after the expiry of their terms.

Although President William Ruto named a new team in June, chairperson Erastus Ethekon and six commissioners—they are yet to assume office following a High Court suspension on grounds that the appointment process lacked diversity and adequate public participation.

The committee’s directive comes at a critical time, with less than two years to the 2027 General Election, and follows a petition by the Centre for Accountability, Reform and Democracy.

The petition raised concerns over the IEBC’s failure to meet the constitutional deadline, warning that the continued delay could result in unequal representation, deepen resource inequality, and trigger lawsuits that would disrupt the upcoming elections.

“The commission should commence the delimitation process expeditiously with a view to concluding the process in compliance with Article 89(4),” the committee report stated.

Committee chair Ernest Kagesi, who is also the Vihiga MP, underscored the urgency, warning that the prolonged inactivity at the IEBC has placed the country in uncharted constitutional waters.

The committee also noted that although recent amendments to the IEBC Act passed in July 2024 have provided a framework for conducting the review, the commission must submit its Boundaries Review Operations Plan to Parliament within three months of assuming office.

MPs raised concerns that this plan, which is critical in laying out the phased steps for delimitation, has not been disclosed to the public—raising fears about transparency.

IEBC chief executive Marjan Hussein said failing to carry out the boundary review would make the 2027 elections unconstitutional, citing a mismatch between current population realities and existing boundaries.

He said some constituencies now exceed the national quota, giving them disproportionate representation.

The Attorney General, in an advisory to the committee, backed this position, warning that failure to undertake the review would compromise the principles of fair representation, electoral integrity, political stability and social cohesion.

With the constitutional deadline of March 2024 already passed, the Supreme Court is now expected to rule on whether the IEBC can proceed with the review despite the lapse.

The commission is also seeking clarity on whether the review can legally proceed without commissioners, and if the deadline can be extended—by whom and under what conditions.

“If the Court allows the Secretariat to proceed with delimitation, the process can continue,” the commission told the committee. “However, a critical question remains about who has the authority to extend the deadlines.”

Marjan warned that any failure to resolve these legal questions could derail the 2027 election timeline, since the boundary review must be completed at least 12 months before the polls to allow for voter registration and resolution of disputes.

MPs, through the National Dialogue Committee (Nadco) process—led by coalitions allied to President Ruto and Raila Odinga—are expected to pass a resolution to extend the boundary review deadline. While Nadco’s report has already been adopted, the actual resolution is still pending. The extension would also require a constitutional amendment, which remains in limbo.

Constitutional lawyer Bobby Mkangi cautioned that restarting the review at this point would likely be challenged in court. “The original deadline has lapsed,” he said.

Meanwhile, the fate of 27 constituencies that were protected in the 2012 review remains uncertain.

The Public Petitions Committee said it lacks the power to determine how IEBC should handle the matter. Among the affected areas are Lamu East, Lamu West, Mvita, Wundanyi, Voi, Galole, Isiolo South, Kilome, Saku, Mbeere North, Tetu, Othaya, Marakwet East, Keiyo North, Vihiga, and Budalangi.

Unless swift legal and administrative steps are taken, these constituencies—some of which do not meet the population threshold—face possible dissolution in the next cycle.