The Malindi High Court has ruled that Kenya’s next presidential election should be held in August 2026 instead of 2027, but suspended the implementation of the decision, meaning the ruling does not immediately change the current election calendar.
Justice Mugure Thande made the ruling on Friday, August 7, after finding that the Constitution requires the presidential election to be held on the second Tuesday of August in the fifth year.
The judge said this date falls on August 11, 2026, and that holding the next presidential election on any other date would contravene the Constitution.
“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.
However, Justice Thande suspended the ruling, meaning the court’s decision does not immediately bring forward the presidential election from 2027 to 2026.
The case was filed by petitioners who argued that the next presidential election should be held in 2026 because the previous presidential election was conducted on August 9, 2022.
They argued that the second Tuesday of August 2026 falls within the fifth year following the 2022 election and therefore meets the constitutional requirement.
After examining Articles 136, 142 and 259 of the Constitution, Justice Thande agreed with the petitioners’ interpretation of the timelines for the presidential election.
“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 11th August 2026," Justice Mugure said.
The judge further ruled that the Constitution does not guarantee the President a complete five-year term in office, finding that the date set for the presidential election takes priority over the length of the presidential term.
Justice Thande said the Constitution fixes the presidential election in the fifth year and does not require the sitting President to serve a full five years before another election can be held.
The court therefore declared that conducting the next presidential election on a date other than August 11, 2026 would violate the Constitution and make the election null and void.