Article 89. Delimitation of electoral units
Official Constitutional Text
89. (1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97 (1) (a).
(2) The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.
(3) The Commission shall review the number, names and boundaries of wards periodically.
(4) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.
(5) The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of—
(a) geographical features and urban centres;
(b) community of interest, historical, economic and cultural ties; and
(c) means of communication.
(6) The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—
(a) forty per cent for cities and sparsely populated areas; and
(b) thirty per cent for the other areas.
(7) In reviewing constituency and ward boundaries the Commission shall
(a) consult all interested parties; and
(b) progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.
(8) If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards.
(9) Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication.
(10) A person may apply to the High Court for review of a decision of the Commission made under this Article.
(11) An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed.
(12) For the purposes of this Article, “population quota” means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 89 of the Kenyan Constitution sets out the strict rules and mathematical formulas for how political borders are drawn and managed. It caps the total number of constituencies in Kenya at exactly 290, mandating that the Independent Electoral and Boundaries Commission (IEBC) review their names and boundaries every 8 to 12 years. This process relies on a "population quota"—calculated by dividing Kenya's total population by the 290 constituencies—to ensure fair representation. While the law allows the population sizes of constituencies to vary by up to 40 per cent for cities and sparsely populated areas (and 30 per cent for other regions) to account for geography, culture, and communication infrastructure, it strictly prohibits any new boundaries from taking effect if a general election falls within 12 months of the review's completion. Finally, to protect democratic fairness, any citizen who disagrees with the IEBC's boundary decisions has 30 days to challenge them in the High Court, which must rule on the case within three months.