The High Court has ruled that, based on the Constitution, Kenya’s next General Election should have been conducted on Tuesday, August 11, 2026, instead of the currently anticipated 2027 date.
In a judgment delivered in Malindi, Justice Mugure Thande held that the Constitution requires the presidential election to take place on the second Tuesday of August in the fifth year, and not after the fifth year, as is currently being applied.
The court found that the election timetable adopted by the Independent Electoral and Boundaries Commission (IEBC) is inconsistent with several constitutional provisions, including Articles 2, 3, 10, 136, 142, 249 and 259.
In the judgment, the court stated:
“It is quite evident that the date set by the second respondent (IEBC) for the next General Election is the second Tuesday in August after the fifth year and not in the fifth year as stipulated in the Constitution.”
Justice Thande further held that the Constitution does not expressly provide for a fixed five-year presidential term, finding that neither Article 136(2)(a) nor Article 142 grants the President a five-year tenure as has generally been interpreted.
Although the court found the current election schedule to be unconstitutional, it suspended the effect of its declaration until after the 2027 General Election. The judge said the suspension would allow the IEBC sufficient time to address the constitutional issue identified in the judgment without disrupting the country’s upcoming electoral process.
The court declined to grant the remaining prayers sought in the petition and ordered that each party meet its own legal costs.
The case arose from a constitutional petition challenging the interpretation of the presidential election cycle and the date on which Kenya’s General Election should constitutionally be held.
