A voter has moved to the High Court in Nairobi seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) to immediately resume continuous voter registration in Embakasi North Constituency. He argues that the suspension of the exercise is both 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.
According to Nyambura, the decision violates provisions in both the Constitution and the Elections Act, which guarantee the right of every citizen to be registered as a voter.
Legal Challenge Against IEBC
Through his lawyer, Shadrack Wambui, Nyambura has filed an urgent application asking the court to: Certify the matter as urgent, hear it ex parte in the first instance and issue conservatory orders compelling the IEBC to review Gazette Notice No. 12009 dated August 27, 2025, which suspended voter registration in Embakasi North.
He further seeks that the continuous voter registration be allowed to resume in all wards within Embakasi North, except Kariobangi North, where a by-election is scheduled for November 27, 2025, as per Gazette Notice No. 11158 of August 8, 2025.
Alleged Violation of Constitutional Rights
The petition highlights that IEBC’s blanket suspension of voter registration in the entire constituency contravenes Article 38(3) of the Constitution, which guarantees the right of every citizen to be registered as a voter without unreasonable restrictions.
Additionally, Nyambura argues that the move violates Section 5(b) of the Elections Act, which only allows suspension of voter registration in the specific electoral area where a by-election is to be held. In this case, Kariobangi North Ward, not the entire Embakasi North.
Wambui contends that the IEBC’s decision has effectively disenfranchised thousands of residents in other wards of Embakasi North who wish to register as new voters. He argues that the move:
- Violates constitutional rights
- Undermines public trust in electoral processes
- Discriminates against citizens in Embakasi North
Potential Impact on Future Elections
In a sworn affidavit, Nyambura warns that the indefinite suspension of voter registration will have far-reaching consequences on voter participation in future elections.
He argues that unless the court intervenes, the continued suspension will:
- Perpetuate violations of fundamental rights
- Erode public trust in the IEBC
- Compromise the integrity of future electoral processes
Public Interest at Stake
Nyambura maintains that granting the orders sought will not prejudice the IEBC, but rather serve the public interest by:
- Upholding constitutional principles
- Ensuring equal treatment of citizens
Safeguarding the right to fair participation in democratic processes
The High Court is expected to review the application and determine whether the IEBC should resume continuous voter registration in all other wards of Embakasi North pending the by-election.
