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, arguing that the suspension of the exercise is unconstitutional and discriminatory.

In a constitutional petition, Joseph Kinuthia Nyambura alias Lawyer  wa Mtaa accuses the electoral body of unlawfully halting voter registration across the entire constituency following the announcement of a by-election in Kariobangi North Ward.

He claims that the IEBC’s decision violates the Constitution and the Elections Act, both of which guarantee citizens the right to be registered as voters.

Through his lawyer Shadrack Wambui, Nyambura has filed an urgent application asking the court to certify the matter as urgent and to hear it ex parte in the first instance.

He also seeks conservatory orders compelling the IEBC to immediately review Gazette Notice No. 12009 of August 27, 2025, which suspended voter registration in Embakasi North, and to allow the exercise to resume in all wards within the constituency 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, the 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 goes against Section 5(b)of the Elections Act, which only permits suspension of voter registration in the specific electoral area where a by-election is to be held — 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,” says 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 an affidavit, Nyambura argues  that the delay and indefinite suspension of voter registration in Embakasi North will 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 and freedoms, erode public trust in the IEBC, and compromise the integrity of future electoral processes.

“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 serve the public interest by upholding constitutional principles, ensuring equal treatment of citizens, and safeguarding the right to fair participation in democratic processes.