Verbatim text
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.
Allocation of party list seats.
What this means
- The index files this text under article 89 of the Constitution of Kenya.
- The passage runs to about 436 words.
- Read plainly, it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equal”).
The row’s stored title is a body fragment, not a heading (“(1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of Kenya, article 89, Portable Lawyer, https://www.portablelawyer.app/provision/0f465a51-6e61-4f12-98e4-1a0a3193e094 (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/0f465a51-6e61-4f12-98e4-1a0a3193e094
Accessed 25 October 2026.
Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.
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