The High Court in Malindi has ruled that holding Kenya’s next presidential election in August 2027 would be unconstitutional, saying the poll should instead be conducted in August 2026 as provided for under the Constitution.
In a landmark judgment delivered on Friday, Justice Mugure Thande found that the date currently anticipated for the next presidential election violates constitutional provisions governing the timing of presidential polls.
The judge declared that conducting the election on any date other than the second Tuesday of August in the fifth year would be unconstitutional and, therefore, invalid.
“A proclamation is hereby made to the effect that having the next presidential election at any time other than the second Tuesday of August 2026 will be in contravention of the Constitution and hence shall be null and void,” said Justice Thande.
This judgment has come as a result of the court’s interpretation of Article 136 of the Constitution, which gives the date for presidential elections.
As per the interpretation by the courts, the constitution mandates presidential elections to be held in the fifth year, and not at the end of five years in office.
Justice Thande observed that this implies that the date set by the Constitution for elections overrides the period of stay in office, because the Constitution does not specifically give the office holders a complete five-year period.
“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,” the judge stated.
However, despite having declared the 2027 election unconstitutional, the court has suspended the implementation of the orders, thus the ruling will not take effect immediately.
It provides some space for the process to go further and an appeal to be lodged in case the order is to be enforced.
In case the ruling is upheld in the higher court, it is bound to cause significant changes in the electoral calendar of the nation as far as presidential term limits and the interpretation of the constitution is concerned.
The ruling will definitely give rise to some intense debate as it addresses one of the most significant constitutional issues of the nation time of presidential elections and duration of the presidential term.
The Independent Electoral and Boundaries Commission (IEBC), which was preparing for the next General Election, has not given any response to the court’s order yet.
