Voter sues IEBC over suspension of registration in Embakasi North
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.
A Nairobi voter has moved to the High Court seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) to immediately resume continuous voter registration in Embakasi North Constituency.
In a constitutional petition filed before the Milimani Law Courts, Joseph Kinuthia Nyambura, popularly known as Lawyer wa Mtaa, accuses the electoral body of acting unlawfully and in violation of the Constitution by suspending voter registration in the constituency.
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Kinuthia claims that the IEBC halted the exercise following the announcement of a by-election in Kariobangi North Ward, which falls within Embakasi North.
He argues that the suspension amounts to discrimination against eligible voters in the area and infringes on their political rights guaranteed under the Constitution and the Elections Act.
"The decision to stop voter registration across the entire constituency merely because of a ward by-election is unreasonable, unconstitutional, and a violation of the right of citizens to be registered as voters," he states in his petition.
He is asking the court to declare the IEBC's decision illegal and to issue orders compelling the commission to immediately reinstate continuous voter registration in Embakasi North.
The petition is expected to be mentioned before a constitutional and human rights division judge for directions.
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 is also seeking 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.
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