The High Court has ruled that Kenya’s next presidential election is constitutionally due in August 2026 rather than the currently scheduled August 10, 2027.
In a landmark judgment delivered at the Malindi High Court, Justice Mugure Thande held that the fifth year following the August 9, 2022 presidential election began on August 9, 2026.
“A declaration is hereby made that the fifth year after the previous presidential election held on 9th August 2022 commences on 9th August 2026,” Justice Thande ruled.
The judge further held that Article 136(2)(a) of the Constitution requires a presidential election to be held on the second Tuesday of August in the fifth year following the previous General Election, and not after the fifth year. (ChimpReports)
Based on that interpretation, the petitioners argued that August 11, 2026, which falls on the second Tuesday of August, would be the constitutionally prescribed date for the next presidential election. (Kahawatungu)
The case was filed by Dr Owiso Owiso, Khelef Khalifa and Ashioya Biko, who challenged the interpretation of the constitutional provisions governing the timing of presidential elections and the President’s term.
They argued that the Constitution requires the presidential election to be held during the fifth year following the previous election and that the calculation of time under Article 259(5)(c) meant the fifth year commenced on August 9, 2026.
The petitioners also argued that the Independent Electoral and Boundaries Commission (IEBC) had previously adopted a similar interpretation when scheduling the 2013 and 2017 General Elections.
They maintained that the Constitution does not guarantee the President a fixed five-year term and that the election date should instead be determined strictly in accordance with Article 136(2)(a).
The IEBC opposed the petition, arguing that such an interpretation would produce an absurd constitutional outcome by effectively shortening the terms of elected leaders.
Despite making the declaration, Justice Thande suspended its effect to prevent disruption and allow the parties to pursue appeals. This means the ruling does not immediately trigger a General Election next week.
The dispute over the election date has previously reached the Supreme Court, where the same petitioners sought guidance on the interpretation of Article 136(2)(a).
The latest High Court decision is therefore expected to trigger further legal proceedings as the parties seek clarity on when Kenyans should next go to the polls.
