Court Declares Next General Election Should Be Held in August 2026, Suspends Decision

The High Court has ruled that Kenya’s next general election should be conducted in August 2026 and not in August 2027. 

In a verdict delivered on Friday, August 7, Justice Mugure Thande said that the Constitution requires the presidential election to be conducted on the second Tuesday of August in the fifth year.  

Justice Thande held that following the August 9, 2022 general election, the fifth year commences on August 9, 2026.

“A declaration is hereby made that pursuant to Article 136(2)(a) of the Constitution, the election of the President must be held on the second Tuesday of August in the fifth year following the previous general election, and not after the fifth year;

“A declaration is hereby made that the fifth year after the previous presidential election held on 9th August 2022 commences on 9th August 2026,” the ruling read in part. 

The High Court Judge explained that holding the next general election on any date other than the second Tuesday of August 2026 would violate several provisions of the Constitution. 

She also ruled that the President's term of office is not automatically five years.

“A declaration is hereby made that neither Article 142 nor any other provision of the Constitution confers upon the President a five-year term in office,” the High Court Judge ruled. 

However, Justice Thande suspended the declaration until after the next general election to allow the second respondent in the case to correct the constitutional defect.

“The declaration of invalidity of the election is suspended until after the next general election is held to allow the 2nd Respondent to correct the defect,” she stated. 

The ruling comes a month after the Independent Electoral and Boundaries Commission (IEBC) announced that the next general election will be held on Tuesday, 10th August, 2027. 

“Critical timelines include the election of the President of the Republic of Kenya, which shall be held on Tuesday, 10th August, 2027,” IEBC stated. 

The commission also said all public officers seeking to contest for elective seats in the 2027 general election are required to resign by February 9, 2027.  

“A public officer who intends to contest in the General Election shall resign from public office within six (6) months before the date of Election, being on or before Tuesday, 9th February, 2027,” IEBC added.