𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐃𝐞𝐜𝐥𝐚𝐫𝐞𝐬 𝟐𝟎𝟐𝟕 𝐏𝐫𝐞𝐬𝐢𝐝𝐞𝐧𝐭𝐢𝐚𝐥 𝐄𝐥𝐞𝐜𝐭𝐢𝐨𝐧 𝐃𝐚𝐭𝐞 𝐔𝐧𝐜𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥, 𝐒𝐮𝐬𝐩𝐞𝐧𝐝𝐬 𝐎𝐫𝐝𝐞𝐫

The Malindi High Court has ruled that Kenya’s next presidential election was constitutionally due in August 2026, rather than August 2027, but suspended the effect of its declaration, meaning the planned 2027 General Election will proceed.

Justice Mugure Thande, in a judgment delivered on Friday, found that Article 136(2)(a) of the Constitution requires a presidential election to be held on the second Tuesday of August in the fifth year following the previous general election.

The ruling places the constitutionally prescribed date for the next presidential election at August 11, 2026, based on the August 9, 2022 election.

However, the court did not order the Independent Electoral and Boundaries Commission (IEBC) to organise an election in August 2026.

Court declares 2027 date unconstitutional

The case centred on the interpretation of Article 136(2)(a), which sets out when a presidential election should be held.

Justice Thande found that the fifth year following the August 9, 2022 presidential election commenced on August 9, 2026.

She therefore ruled that holding the next presidential election on a date other than the second Tuesday of August 2026 would contravene the Constitution.

“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) and (2)(a), 142(1), 249 and 259(1) and (5)(c) of the Constitution, and will consequently be null and void,” the judge ruled.

The finding means that, according to the court’s interpretation, August 11, 2026 was the constitutionally prescribed date for the next presidential election.

Court says President is not guaranteed five-year term

Justice Thande also found that the Constitution does not give the President an automatic right to serve a full five-year term where doing so conflicts with the constitutionally prescribed election timetable.

The judge said neither Article 142 nor another provision of the Constitution gives the President a five-year term as an absolute entitlement.

The petitioners had relied on previous election cycles, including the 2013 and 2017 elections, to support their argument that a presidential term does not necessarily have to run for exactly five years.

Former President Uhuru Kenyatta was sworn into office on April 9, 2013, while the subsequent General Election was held on August 8, 2017.Similarly, the August 9, 2022 election was held before Kenyatta had completed five years in office, after which President William Ruto was sworn in.

The court found that the constitutional election timetable takes precedence over the argument that a President must first complete five years in office.

Why the court did not order a 2026 election

The petitioners had asked the court not only to clarify the constitutional election date but also to order IEBC to organise the presidential election on August 11, 2026.

Justice Thande declined to issue the order.She noted that the petition had been filed in October 2025, by which time IEBC, prospective candidates and the public were already preparing for the 2027 General Election.

The judge said organising a presidential election within the remaining period would be practically and logistically impossible.

“Ordering the electoral commission to organise a presidential election in August 2026 would be to grant an order that is logistically impossible to implement,” the judge said.

Justice Thande further warned that forcing a change in the election timetable at that stage could have serious consequences for the country.

“Such an order would no doubt plunge the country into chaos,” she said.

The judge said the court had to balance enforcement of the rule of law with judicial restraint to prevent what she described as “unmitigable national instability”.

Effect of ruling suspended

Although the court declared that holding the next presidential election outside August 2026 would be unconstitutional, Justice Thande suspended the effect of that declaration until after the next General Election.

The court stated:

“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 suspension means IEBC will continue preparing for and conducting the planned 2027 General Election.

The judgment therefore does not require Kenyans to go to the ballot for a presidential election in August 2026.

Petitioners sought clarity on election date

The petition was filed by Dr Owiso Owiso, Khelef Khalifa and Ashioya Biko, who sought clarification of the constitutional provisions governing the timing of the next presidential election.

They argued that the fifth year following the August 9, 2022 election began on August 9, 2026 and ran until August 8, 2027.

Based on that interpretation, they argued that the second Tuesday of August 2026, which fell on August 11, was the date required by the Constitution.

The petitioners relied on Articles 136 and 259 of the Constitution, among other provisions, in making their case.

Justice Thande agreed with their interpretation of the constitutional election timetable.

What the ruling means for Kenyans

The ruling does not remove President William Ruto from office and does not order an immediate presidential election.Instead, the High Court has made a declaration on its interpretation of the constitutional timetable while suspending the effect of that declaration until after the next General Election.

For now, the 2027 General Election remains on course.However, the judgment could have wider implications for future presidential election dates and the interpretation of the constitutional provisions governing the length of a President’s tenure.

Justice Thande said the purpose of the declaratory orders was to clarify the law and remove uncertainty surrounding legal rights and obligations.

The ruling consequently leaves Kenya with a significant constitutional finding: the court has held that the next presidential election was due in August 2026, but the practical effect of that finding has been suspended, allowing the country to proceed with the 2027 election.