Kenya: High Court Declares 2027 Election Date Unconstitutional, Says Poll Was Due in 2026

Nairobi — The High Court has declared Kenya's next presidential election should take place on August 11, 2026, ruling the date must be the second Tuesday of August in the year following five full years after the last General Election. Lady Justice M. Thande stated the Independent Electoral and Boundaries Commission's plan to hold the election on August 10, 2027, is based on a misinterpretation of the Constitution.

She emphasized the date of the presidential election is fixed by the Constitution and not the commission's discretion. The court found the election must be held in August 2026 based on the precise interpretation of Article 136(2)(a) of the Constitution, which states the election must occur in the fifth year after the previous General Election.

The court rejected arguments that the President's term is guaranteed to five years, concluding the President serves until the next President is sworn in, not necessarily for five years. The court accepted the IEBC's Operational Plan 2025-2027 was based on an incorrect interpretation of the Constitution. While finding the President's term ends when the next duly elected President is sworn in, the court declined to force the IEBC to hold the election as scheduled, citing logistical challenges and potential national instability.