A voter has filed a petition at the High Court in Nairobi seeking to compel the Independent Electoral and Boundaries Commission (IEBC) to immediately resume continuous voter registration in Embakasi North Constituency.
In the constitutional petition, Joseph Kinuthia Nyambura, also known as Lawyer wa Mtaa, argues that IEBC’s suspension of voter registration across the entire constituency is both unconstitutional and discriminatory.
The suspension followed the declaration of a by-election in Kariobangi North Ward, one of the wards within the constituency.
Through his lawyer, Shadrack Wambui, Nyambura contends that the IEBC’s action contravenes Article 38(3) of the Constitution and Section 5(b) of the Elections Act both of which affirm citizens’ right to register as voters.
He is seeking conservatory orders directing the IEBC to review Gazette Notice No. 12009 dated August 27, 2025, and to allow voter registration to resume in all other wards of Embakasi North, excluding Kariobangi North where a by-election is slated for November 27, 2025 under Gazette Notice No. 11158.
The petition argues that the blanket suspension violates the law, which only allows the suspension of registration in the specific electoral area where a by-election is scheduled not an entire constituency.
“The exclusion of the entire constituency from continuous voter registration is unlawful and discriminatory,” said Wambui. “It denies eligible citizens in Embakasi North the opportunity to register, unlike their counterparts in other constituencies where the process continues uninterrupted.”
In a supporting affidavit, Nyambura warns that the ongoing suspension risks disenfranchising thousands of potential voters and could undermine public confidence in the electoral system.
He states that if the suspension continues, it could have “far-reaching ramifications” on voter participation and electoral integrity in future elections.
He maintains that the orders sought are in the public interest and will not prejudice the IEBC, but instead uphold constitutional principles and protect citizens’ political rights.
“The longer the delay, the more citizens are denied their right to participate in democratic processes,” the petition reads.
Nyambura has asked the court to certify the case as urgent and to hear it ex parte in the first instance.
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