Constitutional lawyer Willis Otieno has ignited a legal and political firestorm after claiming that Kenya’s next presidential election should take place in August 2026—a year earlier than many political observers and institutions anticipate.
In a social media post on Friday, Otieno referenced Article 136(2)(a) of the Constitution, which stipulates that presidential elections are to be conducted “on the second Tuesday in August, in every fifth year.”
According to Otieno, this provision sets a clear timetable that overrides any assumptions based on the date a president is sworn in.
“The law says elections are to happen in the fifth year—not after it. That distinction matters,” Otieno argued.
Otieno insists that interpreting the constitutional text strictly leads to one conclusion: with the last general election held on August 9, 2022, the next one should fall on August 11, 2026—exactly the second Tuesday of August in the fifth year.
He criticized the prevailing notion that the presidential term must last exactly five years from the swearing-in, calling it a “manipulation of the constitutional calendar.”
“We are guided by constitutional order, not political convenience. There’s no provision that allows extension of terms simply because swearing-in took place later,” he emphasized.
To bolster his position, Otieno pointed to historical trends. Former President Uhuru Kenyatta’s first term began in April 2013, but the next general election was held in August 2017—several months before completing a full five years in office.
The same occurred in 2022, when elections were held well before the fifth anniversary of Kenyatta’s second inauguration in November 2017.
Despite his argument, Otieno’s views have met resistance. Economist Mohamed Wehliye questioned whether the term “fifth year” implies the calendar year or the anniversary of the last election. He noted that interpreting the Constitution in this manner may require clarification from the courts.
“We need judicial guidance. Does the fifth year mean a completed five-year term, or just the fifth calendar cycle?” Wehliye asked.
The conversation has brought fresh attention to the ongoing constitutional tension between Article 136 (which sets election dates) and Article 142(1) (which outlines the presidential term as five years).
With the 2027 election date already assumed by political players and institutions, Otieno’s assertions have injected uncertainty into Kenya’s electoral expectations.
While he has not indicated whether he will seek a formal judicial interpretation, Otieno warned against what he described as “term extensions through technicalities.”
“If leaders fear elections in the fifth year, they should come out and say so. We’re a republic governed by the Constitution—not shifting goalposts,” he said.
