NAIROBI, Kenya, Apr 9 – A lawyer has filed a constitutional petition against the Independent Electoral and Boundaries Commission (IEBC) over its failure to delimit Bobasi Constituency during Kenya’s electoral boundary reviews.
In his application, Franklin Otieno Mokaya cites systemic exclusion and unequal representation against the IEBC, National Assembly and Senate Speakers and the Attorney General.
According to Mokaya, Bobasi Constituency which is densely populated and covers Nyamache and Sameta sub-counties with eight wards—was unjustly omitted during the 2013 boundary delimitation exercise under the 2010 Constitution.
He contended that while neighboring constituencies such as Bomachoge and Kitutu Chache were split into smaller, more manageable units, Bobasi remained intact, despite its administrative importance and significantly larger population.
He stated that this has resulted to persistent inequities in political representation and a disproportionate share of public resources, including the Constituency Development Fund (CDF).
“Under Article 89(2) of the Constitution, the IEBC is required to review constituency boundaries every 8 to 12 years, with the process to be concluded at least a year before the general election,” the court papers stated.
The petition indicates that the deadline for the second review lapsed in March 2024, and no action was taken by the IEBC—putting the integrity of preparations for the 2027 elections at risk.
He is now seeking orders to compel the electoral body to prioritize the delimitation of Bobasi Constituency to address long-standing issues of marginalization.
He is also appealing to the Chief Justice to empanel a bench of at least three judges to hear the matter, citing its significant constitutional importance.
