Court Rules General Election Should Be Held Next Week

The Malindi High Court has declared that the general election should have been held in August 2026, rather than in 2027 as planned by the Independent Electoral and Boundaries Commission (IEBC).

In a ruling delivered on Friday, August 7, Justice Mugure Thande held that the Constitution mandates elections to take place in the fifth year, not after it—meaning the election should be held next week.

The court ruled that the general election must be held on the second Tuesday of August 2026, warning that any other date set by the IEBC would violate the Constitution.

“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 Articles 2, 3, 10, 136(1) & (2)(a), 142(1), 24, 25(1) & (5) of the Constitution, and will consequently be null and void,” reads part of the ruling.

According to the ruling, the Constitution does not guarantee the Head of State a full five-year term in office

Presidential Term Limit

Justice Thande held that the constitutional date set for an election takes precedence over the exact duration of a presidential term.

According to the ruling, the Constitution does not guarantee the Head of State a full five-year term in office.

Justice Thande held that the constitutional date set for an election takes precedence over the exact duration of a presidential term.

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IEBC Given Time to Rectify

Consequently, she ruled that the next presidential election should be held in August 2026 rather than 2027.

“The Court thus finds that the correct interpretation of Article 136(2)(a) of the Constitution is that the second Tuesday in the fifth year before the next presidential election must mean 11th August 2026,” Justice Mugure said.

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However, the judge suspended her ruling until after the next General Election to allow the IEBC to rectify the constitutional defect.

“The declaration of invalidity of the election is suspended until after the next general election is held to allow the second respondent to correct the defect,” the court ruled.

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Presidential ballot box in Kenya. PHOTO/Courtesy.