A voter has petitioned the High Court in Nairobi to compel the Independent Electoral and Boundaries Commission (IEBC) to immediately resume continuous voter registration in Embakasi North Constituency, terming the commission’s suspension of the exercise unconstitutional and discriminatory.
In the constitutional petition, Joseph Kinuthia Nyambura, popularly known as Lawyer wa Mtaa, accuses the IEBC of unlawfully halting voter registration across the entire constituency following the declaration of a by-election in Kariobangi North Ward.
He argues that the decision violates both the Constitution and the Elections Act, which guarantee every eligible citizen the right to be registered as a voter without unreasonable restriction.
Through his lawyer Shadrack Wambui, Nyambura has filed an urgent application asking the court to certify the matter as urgent and to hear it ex parte in the first instance. He also seeks conservatory orders directing the IEBC to review Gazette Notice No. 12009 of August 27, 2025, which suspended voter registration in Embakasi North, and to allow the exercise to continue in all wards except Kariobangi North, where a by-election is slated for November 27, 2025, under Gazette Notice No. 11158 of August 8, 2025.
According to the petition, the IEBC’s blanket suspension of voter registration in the entire constituency offends Article 38(3) of the Constitution, which guarantees citizens the right to be registered as voters, and Section 5(b) of the Elections Act, which only allows suspension in the specific area where a by-election is scheduled.
Wambui argues that the IEBC’s decision has disenfranchised thousands of residents in other wards of Embakasi North who wish to register as new voters, saying it not only violates their political rights but also erodes public confidence in the electoral process.
“The exclusion of the entire constituency from continuous voter registration is unlawful and discriminatory,” Wambui states. “It denies eligible citizens in Embakasi North the right to be registered as voters, unlike their counterparts elsewhere in the country.”
In his supporting affidavit, Nyambura warns that the continued suspension of voter registration will have far-reaching consequences on political participation in future elections. He maintains that unless the court intervenes, the move will perpetuate violations of fundamental rights and freedoms, undermine public trust in the IEBC, and compromise the credibility of upcoming electoral processes.
“The longer the IEBC delays in resuming voter registration, the more citizens are denied an opportunity to exercise their constitutional rights,” the petition reads.
Nyambura insists that granting the orders sought will not prejudice the commission but will instead serve the public interest by upholding constitutional principles, ensuring equal treatment of citizens, and safeguarding democratic participation.
