The Independent Electoral and Boundaries Commission (IEBC) is awaiting a legal advisory to determine how to proceed with the stalled boundary review process, which failed to meet the constitutional deadline earlier this year.

IEBC Chairperson Erastus Edung Ethekon said the second review of constituency and ward boundaries was due by March 6, 2024, but could not proceed because the Commission lacked a full quorum at the time.

The delay has raised questions about how the Commission will comply with Article 89 of the Constitution, which outlines the timelines for delimitation of electoral boundaries.

“We did the first boundary review after the enactment of the Constitution, and we were due to undertake the second one by sixth March, 2024. Unfortunately, there has been a delay which has been occasioned by the absence of the substantive Commission,” Ethekon said while addressing the media on Saturday.

In response to the looming constitutional deadline, the Commission Secretariat took steps to seek legal clarity from the Office of the Attorney General.

According to Ethekon, IEBC wanted to understand whether it could legally proceed with the review process despite the lapsed deadline, and whether the timelines could be extended.

“This is an advice that we are yet to receive,” he said. “We requested that we be given advice on whether the Commission could proceed to conduct the boundaries delimitation despite the lapse of the constitutional timelines.”

The Commission has indicated it will provide further direction to the public once the legal guidance is received and reviewed. Ethekon assured Kenyans that the issue remains a top priority, and a clear way forward will be communicated.

At the same time, the IEBC is moving to strengthen voter education, which the Chairperson said remains a constitutional obligation under the 2010 Constitution. He pointed out that one of the biggest lessons from the 2022 general election was the need for continuous and accessible civic education.

“Most of the observer missions of the 2022 general election recommended that IEBC leads to ensure electoral information is readily available to voters in all available formats and spaces,” said Ethekon.

He stressed that well-informed voters are crucial for credible elections, noting that informed citizens are more likely to make sound choices at the ballot box. “This is not only the desire of the Commission or every other Kenyan, but it is a constitutional imperative,” he said.

To that end, the Commission plans to intensify outreach efforts across all regions and ensure that information reaches all categories of voters, including youth, women, people with disabilities, and communities in remote areas.

“The Commission will amplify stakeholder engagements to apprise the public on all our programs, our plans and our activities,” said Ethekon. “We shall proactively conduct targeted voter education in all electoral areas.”