Legal Battle Looms for Constituencies With Inadequate Population

The revelation that nearly 40 constituencies across the country may be nullified due to failing to meet the required population figures as per the law has raised concerns among the representing MPs.

This came to light on Wednesday during a workshop on electoral system reforms held at a restaurant in Nakuru town.

According to the law, each of the 290 constituencies should have at least 164,137 people, a figure estimated based on the total population of 47.6 million according to the 2019 census.

Therefore, among the constituencies that may be abolished during the delimitation exercise in 2024 are East Lamu represented by Ruweida Obo with 22,258 people, Mwatate (Peter Mbogho, 81,659), Kuria East (Marwa Kitayama, 96,872), Mount Elgon (Fred Kapondi, 78,873), Voi (Khamis Chome, 111,831), and Tiaty (William Kamket, 73,424).

Read also:Kenya’s Eurobonds Slide as President Ruto Pushes for Debt Restructuring

Others include North Laikipia with 36,184 people, represented by Sarah Korere, Kathiani (Robert Mbui, 111,890), North Keiyo (Adam Kipsanai, 99,176), Eldas (Adan Keynan, 88,509), Kangundo (Fabian Muli, 97,917), and Budalang’i (Raphael Wanjala 85,977).

Additionally, there are Tiaty (73,424), North Keiyo (99,176), East Marakwet (97,041), Loima (107,795), Kangema (80,447), Tetu (80,453), Mathioya (92,814), Mukurwe-in (89,137), Kang’undo (97,917), East Mwingi (85,139), and Lafey (83,457).

The Independent Electoral and Boundaries Commission (IEBC) is expected to commence the process of redefining constituency boundaries in March 2024 for use in the 2027 general elections.

According to the Constitution, the commission shall alter names and boundaries of constituencies every eight to twelve years.

The last constituency boundary changes were made in March 2012. This means that the exercise should begin in March 2024 and conclude at least 12 months before the 2027 general elections.

Read also:Cartels Pose Obstacle to Coffee Sector Reform Efforts, Says DP Gachagua

However, the Parliamentary Committee on Justice and Legal Affairs (JLAC) is pushing for the suspension of plans to abolish constituencies that fail to meet the legal population requirement.

Instead, some committee members want the process of appointing new IEBC commissioners expedited to address the issue. They advocate that the matter of safeguarding these constituencies should be resolved within the next five months. According to Gatanga MP Edward Muriu, abolishing 40 constituencies would lead to constitutional and electoral conflicts in the country.

“These constituencies must be protected against nullification within the next five months to prevent unnecessary conflicts. This is despite the fact that they have not reached the required population,” said the JLAC member.

“We also want the National Dialogue Committee led by Kalonzo Musyoka and Kimani Ichung’wa to intervene and prevent the nullification of these constituencies. We request that, as the Bomas talks continue, the IEBC commissioner selection panel be allowed to continue its work, nominate commissioners, and commence the boundary change process,” added Mr. Muriu.

Mr. Musyoka, who represented the Azimio La Umoja-One Kenya alliance in the Nakuru workshop, also proposes that these 40 constituencies be retained.