NAIROBI, Kenya — President William Ruto has acknowledged a recent High Court ruling declaring that Kenya’s next presidential election was constitutionally due in August 2026, rather than August 2027.
Ruto said he was aware of the judgment and its implications, including questions raised over the constitutional status of his Cabinet.
The President was speaking on Thursday during the 16th Katiba Day symposium at the Kenyatta International Convention Centre (KICC), where he was asked during a panel discussion whether he was aware that his Cabinet had been rendered unconstitutional by the court decision.
“Are you aware sir that your Cabinet is unconstitutional?” he was asked.
“I’m fully aware that the court has made a determination and given me time to realising that that is work in progress to be able to do what I need to do,” Ruto responded.
The remarks came days after Malindi High Court Judge Mugure Thande ruled that the fifth year following the August 9, 2022 General Election began on August 9, 2026.
The judge consequently found that the next presidential election was constitutionally due on the second Tuesday of August 2026.
Justice Thande interpreted Article 136(2)(a) of the Constitution as requiring the presidential election to be held in the fifth year following the previous General Election, rather than after the fifth year had ended.
“The correct interpretation of Article 136(2)(a) of the Constitution is that the second Tuesday in the fifth year with regard to the next presidential election must mean 11th August 2026,” she ruled.
The decision has triggered a broader constitutional debate over the tenure of elected leaders and the validity of institutions operating under the current administration.
However, Justice Thande suspended the implementation of her declaration to prevent disruption and allow the parties involved to pursue appeals.
The ruling therefore did not immediately trigger a presidential election or automatically remove President Ruto and his Cabinet from office.
The matter is expected to remain the subject of legal and constitutional scrutiny as the appeal process proceeds.
