The Independent Electoral and Boundaries Commission (IEBC) has dropped a bombshell that could trigger a constitutional meltdown: the legally mandated review of electoral boundaries before the 2027 polls is now "practically impossible."

Appearing before the National Assembly’s Constitution Implementation Oversight Committee (CIOC), IEBC Chairperson Erastus Ethekon admitted that the commission has run out of time. The admission confirms the worst fears of legal experts—that the country is sleepwalking into an election with illegal constituencies.

The Math That Doesn't Add Up

"We are being asked to do three years of work in twelve months," Ethekon told the stunned MPs. [...](asc_slot://start-slot-5)The Constitution requires the boundary review to be completed at least 12 months before a general election. With the 2027 polls fast approaching, and the commission only recently fully constituted, the window has firmly shut.

The last review was conducted in 2012. [...](asc_slot://start-slot-7)The Constitution mandates a review every 8 to 12 years. The 12-year deadline lapsed in March 2024, meaning the current boundaries are technically operating on borrowed time. A review now would likely spill over into the election preparation period, creating logistical chaos.

• Protected Constituencies Risk: The biggest casualties of this delay are the 27 "protected" constituencies that did not meet the population quota in 2012 but were allowed to exist. Without a review to validate or scrap them, their continued existence is legally precarious.
• The Cost of Democracy: Ethekon also revealed that the 2027 election is projected to cost the taxpayer a staggering Ksh 57.3 billion. He warned that any rushed boundary review would balloon this figure further due to the need for rapid public participation and litigation defense.

A Legal Minefield

The commission has now sought an advisory opinion from the Supreme Court and the Attorney General. [...](asc_slot://start-slot-9)They are seeking a "defensive strategy"—essentially legal cover to postpone the review until after 2027.

"It is a constitutional crisis," Ethekon admitted. "We must choose between a hurried, flawed process that will be nullified by the courts, or a postponement that requires judicial blessing." For the political class, who rely on these boundaries for their survival, the uncertainty is a ticking time bomb.