The Independent Electoral and Boundary Commission has told the Supreme Court that it will be illegal to hold the 2027 elections without delimitation of boundaries.
While admitting that time for review has already passed, a position taken by Attorney General Dorcas Oduor, the commission said if the exercise does not happen, the legitimacy of the election result will be in doubt.
Justice Njoki Ndung'u paused to ask whether the electoral body's violation of the Constitution from March 2012, when the last delimitation occurred, would affect the next election.
IEBC lawyer George Murugu said Article 3(2) of the Constitution clearly states that any attempt to establish a government other than in compliance with it is unconstitutional. "Justice Njoki Ndung'u asked a very, very serious question.
