Supreme Court Rules on IEBC’s Authority Over Boundary Delimitation
The Supreme Court has clarified the constitutional limits of the Independent Electoral and Boundaries Commission (IEBC) regarding the delimitation of electoral boundaries, ruling that the Commission cannot exercise this function in the absence of a properly constituted body of Commissioners. The advisory opinion, delivered on 5th September 2025 in the case Independent Electoral and Boundaries Commission v Attorney General (E004 of 2024), came after IEBC sought guidance on whether its Secretariat could act on its behalf during a period when the Commission had no Chairperson or Commissioners.
The Court noted that while the Secretariat, led by the Commission Secretary and CEO, is empowered to carry out routine administrative and operational tasks, it cannot exercise substantive constitutional functions reserved for the full Commission. Such functions, including the delimitation of electoral boundaries under Article 88(4)(c), require the collective approval of Commissioners acting with a quorum. The Court emphasized that administrative acts by the Secretariat remain valid within their lawful scope, but they do not extend to exercising constitutional authority.
On the issue of timelines under Article 89, the Court ruled that constitutional deadlines are binding and cannot be extended by the Secretariat or courts. Any extension or adjustment of such timelines can only be achieved through parliamentary legislation or constitutional amendment. The ruling underscores the constitutional safeguards ensuring that major electoral functions are undertaken only by a fully constituted IEBC, highlighting the role of Parliament in addressing procedural gaps arising from vacancies in the Commission.