By Swift Reporter
Kenya’s High Court has ruled that holding the country’s next presidential election in August 2027 would be unconstitutional, saying the Constitution requires the poll to be conducted in August 2026.
In a landmark judgment delivered on Friday, Justice Mugure Thande held that the Constitution fixes the presidential election on the second Tuesday of August in the fifth year, rather than after the completion of a full five-year presidential term.
The court declared that conducting the election on any date other than the second Tuesday of August 2026 would contravene several provisions of the Constitution and would therefore be “null and void.”
“A declaration is hereby made that holding the next presidential election on any date other than the second Tuesday in August 2026 will violate and contravene the Constitution and will consequently be null and void,” Justice Thande ruled.
The petition was filed by applicants who argued that since Kenya’s last presidential election was held on August 9, 2022, the Constitution requires the next election to take place on August 11, 2026, which falls on the second Tuesday of August in the fifth year after the previous poll.
After examining Articles 136, 142 and 259 of the Constitution, the court agreed with the petitioners, finding that the Constitution prioritises a fixed election date rather than guaranteeing an incumbent president a full five-year term in office.
Justice Thande said the Constitution does not entitle a Head of State to complete exactly five years before another presidential election is held, adding that the election timetable provided under the Constitution takes precedence over the length of an individual’s tenure.
Despite declaring the planned 2027 election date unconstitutional, the court suspended the effect of its ruling until after the next general election.
The suspension means the Independent Electoral and Boundaries Commission (IEBC) can proceed with preparations for the 2027 General Election, preventing any immediate disruption to Kenya’s electoral calendar.
“The declaration of invalidity in respect of holding the next presidential election on any date other than the second Tuesday of August 2026 is hereby suspended until after the next general election,” the judge ordered.
Justice Thande explained that immediately enforcing the declaration would create uncertainty and could plunge the country into political and constitutional instability.
She said the court had a duty to uphold the Constitution while exercising judicial restraint in order to avoid triggering a national crisis.
The judge noted that the decision was intended to clarify the constitutional interpretation of presidential election timelines and eliminate uncertainty over the scheduling of future elections.
The ruling is expected to have significant constitutional implications and could influence how Kenya conducts presidential elections beyond the current electoral cycle, particularly if the judgment is upheld or considered by higher courts.
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