Advertisement
Kenya’s next general election should be held in August 2026, High Court declares
07th August, 2026 12:21 PM
A Malindi High Court has ruled that general elections should be held on the second Tuesday of August in the fifth year following the previous general elections and not after the fifth year.
Justice Mugure Thande has on Friday, August 7, 2026, declared that the fifth year after the previous presidential election held on August 9, 2022, commences on August 9, 2026 instead of August 2027.
However, Judge Thande has suspended the implementation of the ruling until the next general election to allow the Independent Electoral and Boundaries Commission (IEBC) to adjust.
“The declaration of invalidity of the election is suspended until after the next general election is held, for the second respondent (IEBC) to correct the defect,” Judge Thande ruled.
In suspending the order, the judge noted that granting the order as sought to have the elections be conducted in August 2026, is logically impossible to implement given that the IEBC prospective candidates for elective posts and Kenya in general are all geared towards an election in August 2027.
Judge Thande noted that granting such an order would no doubt plunge the country into chaos, and it is therefore necessary to balance the enforcement of the rule of law with judicial restraint to avoid precipitating unmitigable national instability.
Notably, the court stated that henceforth, holding the next presidential election on any date other than the second Tuesday August, will violate and contravene article 2, 3, 10, 136(1) and (2)(a) 142(1), 249(1) and (5)(c) of the Constitution and will consequently be null and void.
“A declaration is hereby made that by operation of Article 136(2)(a) of the Constitution the term of the office of the President is not five years and that neither article 142 nor any other provision of the constitution confers upon the President a five-year term in office,” Judge Thande stated.
The petition challenging was filed on October 15, 2025, by advocates Owiso Owiso, Khelef Khalifa and Ashioya Biko.
