Kenya court shifts election to 2026

The High Court in Kenya has declared that the next presidential election should be held on August 11, 2026, not August 10, 2027, as planned by the electoral commission.

Justice Mugure Thande of the Malindi High Court ruled on Friday that Article 136(2)(a) of the Constitution requires the presidential election to be held on the second Tuesday of August in the fifth year following the previous general election, held on August 9, 2022.

The judge found that the fifth year commenced on August 9, 2026, making August 11, 2026, the constitutionally prescribed date. She relied on Article 259(5)(c), which provides that where time is expressed in years, the period ends at the beginning of the corresponding date.

Justice Thande rejected arguments that the ruling would deny President William Ruto a full five-year term. She held that Article 142 does not guarantee a fixed five-year term in office. The President’s term ends once the next duly elected President is sworn in, she said.

The judge traced Kenya’s fixed election date to the 2010 Constitution, which eliminated the uncertainty that existed when the President could dissolve Parliament and determine election dates.

Despite declaring the 2027 date unconstitutional, the court declined to compel an immediate election. Justice Thande said such an order would be logistically impossible and could plunge the country into chaos. The court suspended the declaration of invalidity until after the next General Election.

The petition was filed by Dr. Owiso Owiso, Khelef Khalifa, and Ashioya Biko.

SOURCE: MRA