(foto di Francesco Ammendola – Ufficio per la Stampa e la Comunicazione della Presidenza della Repubblica)
Justice Mugure Thande of the Malindi High Court ruled that the next presidential election should be held on August 11, 2026, not in 2027.
The Malindi High Court has declared the August 2027 elections ‘null and void’ in a landmark ruling that could shape Kenya’s future elections.
In a ruling reviewed by our reporter, the court said that the Independent Electoral and Boundaries Commission (IEBC) would be contravening the Constitution by holding the presidential election on August 10, 2027.
“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,” Justice Mugure Thande said on Friday, August 7, 2026.
The court ruled that presidential elections must be held on the fifth year rather than after the fifth year, implying that the country should be holding elections next week.
Justice Mugure further declared that the Constitution does not guarantee the Head of State a full five-year term in office, finding that the election date set under the Constitution takes precedence over the length of a presidential term.
Justice Mugure ruled that the next presidential election should be held on August 11, 2026, not in 2027. She, however, suspended the ruling.
“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 August 11, 2026,” Justice Mugure said.
The petitioners had argued that because the last presidential election was held on August 9, 2022, the Constitution required the next elections to be held on the second Tuesday of August 2026, which falls within the fifth year after the previous polls.
After examining Articles 136, 142 and 259 of the Constitution, Justice Mugure agreed with the petitioners’ interpretation on the timelines of the next presidential election.
Justice Thande ruled that the Constitution fixes the date of presidential elections in the fifth year and does not require a President to complete a full five years in office before another election is held.
The court thus held that holding the next presidential election on any date other than the second Tuesday of August 2026 would violate the Constitution and would consequently be null and void.
Although the court found that holding the next presidential election in August 2027 is unconstitutional, it suspended the effect of its declaration until after the next general election.
This therefore means that IEBC will still undertake the 2027 polls despite the court’s finding that the Constitution required it to be held in August 2026.
“The Declaration of invalidity in respect of holding the next presidential election on any date other than the second Tuesday of August 2026 is hereby suspended until after the next general election,” the court ruled.
Justice Thande said cancelling or postponing the planned 2027 election at this stage would no doubt plunge the country into chaos.
The judge added that the court had to balance the enforcement of the rule of law with judicial restraint to avoid precipitating unmitigable national instability.
Justice Mugure emphasised that the ruling is intended to clarify the law and remove uncertainty over the date of future presidential elections.
