A constitutional dispute over the timing of Kenya’s next General Election has taken a new turn after the Malindi High Court ruled that the election should be held on Tuesday, August 11, 2026, instead of 2027.
However, the court also directed that the ruling will only take effect after the 2027 General Election, allowing the current election timetable to remain in place.
In the judgment delivered by Justice Mugure Thande, the court found that scheduling the presidential election on any date other than the second Tuesday of August 2026 would go against the Constitution.
The judge stated that such an election would be unconstitutional and therefore null and void.
Justice Thande referred to several constitutional provisions in reaching the decision, including Articles 2, 3, 10, 136(1), 136(2)(a), 142(1), 249, 259(1) and 259(5)(c). According to the court, the Constitution requires the presidential election to be held on the second Tuesday of August in the fifth year, not after the fifth year.Part of the judgment noted that the date set by the Independent Electoral and Boundaries Commission (IEBC) falls on the second Tuesday of August after the fifth year, which the court found to be inconsistent with the Constitution.
The ruling also addressed the issue of the President’s term in office.
Justice Thande stated that Article 136(2)(a) does not provide for a five-year presidential term. She further ruled that Article 142 and other constitutional provisions do not expressly grant the President a five-year term.
Despite these findings, the judge suspended the declaration of invalidity until after the next General Election. The court said this would give the IEBC enough time to address the constitutional issues identified in the judgment without disrupting preparations for the upcoming polls.
The High Court also dismissed all other requests made in the petition that were not specifically allowed. In addition, Justice Thande ordered that each party should bear its own legal costs, meaning no side would be required to pay the other’s expenses.
The decision follows a long-running constitutional debate over how the presidential election cycle should be calculated and whether the date set for the next General Election fully complies with the Constitution.
The ruling is expected to remain an important reference in future discussions on Kenya’s electoral calendar.
