The High Court has on its own motion enjoined the Attorney General, the Law Society of Kenya (LSK) and Katiba Institute as interested parties in a constitutional petition seeking to halt elections until electoral boundaries are reviewed.
In directions issued by the court, the petitioner was ordered to immediately serve the respondent and all interested parties with the Chamber Summons, Notice of Motion, the Petition and the court’s directions in both hard and soft copy. An affidavit of service must be filed by January 2, 2026.
The court further directed that prayers seeking certification of the matter as raising substantial questions of law under Article 165(4) of the Constitution be heard and determined on priority before any other issues. Parties supporting certification were given until January 9, 2026 to file responses or submissions, while those opposing were granted until January 16, 2026.
The matter will be mentioned on January 28, 2026 to confirm compliance and for further directions.
The petition was filed by Philip Kipkemoi Langat, who is seeking orders to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting or supervising any elections until it completes the constitutionally mandated review of constituency and ward boundaries.
Langat argues that Article 89 of the Constitution requires the IEBC to review electoral boundaries every eight to twelve years, with the exercise to be completed at least twelve months before a general election. He states that the last delimitation was conducted in 2012, meaning a fresh review should have been concluded by March 2024.
Through his lawyers led by Felix Keaton, Langat submits that although the IEBC was fully constituted in July 2025 after a prolonged period of vacancies, the Commission has failed to commence the delimitation process.
He is seeking conservatory orders barring the IEBC from conducting or supervising referenda and elections to any elective office until the review of the number, names and boundaries of constituencies and wards is undertaken.
The petitioner warns that proceeding with elections without conducting the review would undermine fair and effective representation, citing population changes, urban expansion and evolving community interests.
Court papers accuse the Commission of “putting the cart before the horse” by preparing for elections before delimitation, arguing that Kenyans risk irreparable harm due to shifts in population quotas, geographical features, communities of interest, and historical, economic and cultural ties.
Langat is also asking the court to certify the petition as urgent, declare that it raises substantial questions of law warranting determination by a bench of not fewer than three judges, and stop the IEBC from conducting any elections until the boundary review is completed.
