3 seek court order to ensure IEBC holds general elections in August 2026
Three petitioners have moved to the Supreme Court seeking to have the next general elections conducted in August 2026, instead of August 2027.
In a petition lodged before the apex court, the petitioners – Owiso Owiso, Khelef Khalifa, and Ashioya Biko – are seeking orders compelling the IEBC to hold the next general elections in August 2026, as required by the Constitution.
“An order directing the IEBC to proceed with preparations for the next presidential election on the second Tuesday of August 2026,” the petitioners seek.
They argue that the Constitution requires elections to be held in the fifth year after the last general election, which was on August 9, 2022.
The petitioners claim that holding the election beyond August 2026 would violate the Constitution and render the process invalid.
“Consequently, and as guided by Article 136(2)(a) of the Constitution, which requires the next presidential election to be held on the second Tuesday of the fifth year—beginning on August 9, 2026—Kenya’s next presidential election must be held on the second Tuesday of August 2026, being the fifth year,” part of the petition reads.
Furthermore, they state that the formula for interpreting time is outlined in Article 259(5)(c) of the Constitution of Kenya, 2010, which helps determine the fifth year as outlined in Article 136(2)(a).
According to the petitioners, the breakdown of the years following the recent presidential election held on August 9, 2022, is as follows:
Year one: from August 9, 2022, to midnight August 9, 2023;
Year two: from August 9, 2023, to midnight August 9, 2024;
Year three: from August 9, 2024, to midnight August 9, 2025;
Year four: from August 9, 2025, to midnight August 9, 2026;
Year five: from August 9, 2026, to midnight August 9, 2027.
However, the petitioners state that the formula for constructing and computing the dates, as provided, is indeed correct.
They maintain that the fifth year from the last general election commences on August 9, 2026, and therefore, the general elections should be conducted on the second Tuesday of August 2026.
The petitioners accuse the IEBC of failing to adhere to the prescribed timelines for conducting the next general elections, as outlined in the Constitution.
Notably, they state that holding the next presidential election on any date other than the second Tuesday of August in the fifth year from August 9, 2022 – that is, August 2026 – would unlawfully interfere with Kenyans’ right to participate freely in the governance of their country.
Additionally, they argue that such action would frustrate the holding of regular elections as required by law and undermine the principles of democracy, the rule of law, human rights, and people’s rights as enshrined in Articles 2(3), 2(13), 4, 5, 17, and 32(7) of the African Charter on Democracy.
