Health Cabinet Secretary Aden Duale has rejected a High Court ruling that could move Kenya’s next General Election from 2027 to August 2026, arguing that such a move would prematurely end the constitutional terms of elected leaders.
Duale said holding the election next week would mean the President, governors, Members of Parliament and Members of County Assemblies leave office before completing their five-year terms.
The CS was responding to a ruling by Malindi High Court Judge Mugure Thande, who on Friday declared that holding the next presidential election in August 2027 would be unconstitutional.
Justice Thande ruled that the Constitution requires the presidential election to be held on the second Tuesday of August in the fifth year, which she determined to be August 11, 2026.
However, the judge suspended the implementation of her decision, leaving room for further legal action.
In a statement issued on Saturday, Duale argued that the ruling had wrongly separated the meaning of “fifth year” from the constitutional five-year term served by elected leaders.
“The judgment by Lady Justice Thande misinterprets and misapplies the Constitution by splitting hairs on the meaning of two simple words, ‘fifth year’ and ‘five years’,” Duale said.
He argued that implementing the ruling would create a situation where elected leaders serve only about four years and two days in office.
“To interpret that the date is next week would mean all elective positions would be vacated after exactly just four years and two days, which is an absurdity,” he said.
Duale maintained that Kenya’s electoral system was designed around a five-year cycle, with presidential, parliamentary and county elections held at the same time.
He said any interpretation of the Constitution should also consider the country’s electoral history and the legal framework that existed before the 2010 Constitution.
“It is also a matter of public notoriety and judicial notice that a term is pegged on five years based on our Constitution’s history and the previous elections held in the country,” he said.
The CS further argued that Kenyans had never intended to elect their leaders after every four years and two days, insisting that the next General Election should remain in 2027.
Duale’s comments come a day after Justice Thande delivered a ruling that sparked a fresh debate over the timing of Kenya’s elections and the length of presidential terms.
The court found that the constitutional requirement to hold the presidential election in the fifth year takes priority over the argument that an office holder must first complete five full years in office.
Thande J. Justice also opined that the Constitution does not give the President a mandate for five years but the court suspended the orders that were going to lead to a shift in the election schedule.
This ruling has made the issue of election in 2027 the central issue of the developing constitutional crisis as the interpretation of Article 136 is going to be subject to a court battle.
At the moment, since the ruling has been suspended, there are no changes in the schedule of elections and the issue regarding whether Kenyans will be voting in 2027 is going to be fought in courts.
