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With the boundary review deadline looming in August, the newly constituted commission faces a constitutional minefield that could delegitimize the 2027 General Election before a single ballot is cast.
For the first time in three years, the lights are burning late at Anniversary Towers. But the mood on the 6th floor is not one of celebration—it is one of crisis management. As Nairobi shakes off the holiday lethargy this January 1, the Independent Electoral and Boundaries Commission (IEBC) is staring down a barrel of a gun loaded with constitutional deadlines.
The year 2026 is not just a pre-election year; it is the "point of no return." By August, exactly 12 months before the 2027 General Election, the commission must conclude the delimitation of electoral boundaries. It is a task that technically requires two years, yet Chairperson Erastus Ethekon and his team have less than eight months to pull off a miracle.
If they fail, the 2027 polls risk being declared unconstitutional upon arrival, plunging the country into a legal abyss that no amount of political deal-making can bridge.
When Erastus Ethekon took the oath of office in July 2025, ending a two-year paralysis at the commission, the in-tray was already overflowing. Alongside commissioners Ann Nderitu, Moses Mukhwana, and others, Ethekon inherited a commission that had been in a coma while the constitutional clock kept ticking.
The crux of the crisis is Article 89 of the Constitution. It mandates a boundary review every 8 to 12 years. The last review was in 2012. The 12-year window technically slammed shut in March 2024, while the commission was vacant. Now, the team must navigate a legal minefield: conduct a review outside the stipulated timeline or proceed to 2027 with illegal boundaries.
"We are trying to fit a three-year process into an eight-month window," a senior IEBC official admitted in confidence. "It is like trying to build a skyscraper foundation after the tenants have already moved in."
For the average Kenyan, "boundary delimitation" sounds like bureaucratic jargon. But in reality, it determines how the national cake is shared. Constituencies are the primary unit for the National Government Constituencies Development Fund (NG-CDF). If a constituency is scrapped or merged because it fails the population quota, that area loses at least KES 137 million (approx. $1 million) annually in direct development funds.
The Supreme Court, in a September 2025 advisory, threw the ball back to the commission, stating that only a fully constituted IEBC could seek a way forward. That time is now. Ethekon’s team is expected to file a fresh reference to the Apex Court this month, seeking a "constitutional bypass" to legitimize the delayed review.
Beyond the legal headaches, the commission is grappling with a familiar ghost: an empty treasury. The clearing of the backlog of 24 by-elections in November 2025 exposed the rot. The commission faced a funding gap of over KES 258 million (approx. $2 million), forcing a scramble for resources that nearly paralyzed operations.
For the 2027 preparations, the figures are astronomical. The commission needs to procure new election technology to replace the aging KIEMS kits, conduct mass voter registration, and audit the register. Yet, austerity measures from the National Treasury continue to bite.
"Democracy is expensive, but chaos is more expensive," warned governance analyst Dr. Linda Musumba. "If we starve the IEBC now, we are essentially budgeting for a shambolic election in 2027. The cost will not be paid in shillings, but in stability."
As the political class begins its premature campaigns—realignment talks are already whispering through the corridors of power—the IEBC must remain the adult in the room. The commission has signaled it will release a roadmap later this week, likely detailing a crash program for boundary review.
But with political temperatures rising, any attempt to merge or scrap constituencies will be met with fierce resistance. MPs are already sharpening their knives, ready to defend their turf. The commission will need skin thicker than a rhino’s to survive the onslaught.
2026 is not just another year. It is the year the rubber meets the road. If the IEBC falters in the next eight months, the 2027 election won't just be contested; it might be impossible.
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