A Nairobi voter has moved to the High Court seeking to compel the Independent Electoral and Boundaries Commission (IEBC) to immediately resume continuous voter registration in Embakasi North Constituency, terming its suspension unconstitutional and discriminatory.
In a constitutional petition, Joseph Kinuthia Nyambura, popularly known as Lawyer wa Mtaa, accuses the IEBC of unlawfully halting voter registration across the entire constituency following the announcement of a by-election in Kariobangi North Ward.
Nyambura argues that the IEBC’s decision violates both the Constitution and the Elections Act, which guarantee every Kenyan citizen the right to be registered as a voter.
Through his lawyer, Shadrack Wambui, Nyambura filed an urgent application asking the court to certify the matter as urgent and hear it ex parte in the first instance. He also seeks conservatory orders directing IEBC to review Gazette Notice No. 12009 of August 27, 2025, which suspended voter registration in Embakasi North, and to allow the exercise to continue in all wards except Kariobangi North, where a by-election is scheduled for November 27, 2025, under Gazette Notice No. 11158 of August 8, 2025.
According to the petition, IEBC’s blanket suspension of voter registration in the entire constituency contravenes Article 38(3) of the Constitution, which guarantees every citizen the right to be registered as a voter without unreasonable restrictions. It also violates Section 5(b) of the Elections Act, which only permits the suspension of voter registration in the specific electoral area where a by-election is being conducted — in this case, Kariobangi North Ward.
Wambui argues that the commission’s decision has effectively disenfranchised thousands of residents in other wards of Embakasi North who wish to register as new voters. He adds that the move not only violates constitutional rights but also undermines public confidence in electoral processes.
“The exclusion of the entire constituency from the ongoing continuous voter registration exercise is unlawful and discriminatory,” said Wambui. “It has denied eligible citizens in Embakasi North the right to be registered as voters, unlike their counterparts in other constituencies where the process is ongoing.”
In his supporting affidavit, Nyambura warned that the delay and indefinite suspension of voter registration would have far-reaching ramifications on voter participation in future elections.
He maintains that unless the court intervenes, the continued suspension will perpetuate the violation of fundamental rights, erode public trust in the IEBC, and compromise the integrity of Kenya’s electoral system.
“The longer the IEBC delays in resuming voter registration, the more citizens are denied an opportunity to exercise their political rights as guaranteed under the Constitution,” the petition reads.
Nyambura insists that granting the orders sought will not prejudice the electoral body but will instead uphold constitutional principles, ensure equal treatment of citizens, and safeguard the right to fair participation in democratic processes.
The case is expected to set an important precedent on how IEBC handles voter registration during by-election periods, especially in cases where its decisions affect constituencies beyond the immediate electoral area.
