Former LSK Boss Faith Odhiambo insists election timeline ruling does not trigger constitutional crisis
Odhiambo said the judgment was a serious interpretation of constitutional provisions on electoral timelines but stressed that the court’s actual orders must be distinguished from its findings.
Nairobi, Kenya – Former Law Society of Kenya president Faith Odhiambo has advised Kenyans to remain composed in response to the Malindi High Court's decision on the 2026 presidential election timeline, asserting that the ruling should not be seen as initiating a constitutional crisis or immediately altering government. The former LSK leader emphasized the distinction between the court's findings and its actual orders, asserting that the court held Article 136(2)(a) of the constitution implies presidential elections should be held in the fifth year following the initial provision, rather than after the fifth year.
She further explained that based on the court's computation under Article 259(5)(c), the election should be held on August 11, 2026. However, Odhiambo noted the court did not order the Independent Electoral and Boundaries Commission (IEBC) to hold an election immediately, even though it found an immediate election could lead to national instability and was logistically impossible.
Crucially, the court suspended its declaration of invalidity until after the next general election, to give IEBC an opportunity to correct the defect. Odhiambo clarified that this suspension does not create a power vacuum or remove the President from office; instead, Article 142 of the constitution stipulates that the President remains in office until the next President is sworn in, ensuring continuity.
She cautioned against treating the court's declaration as a mandatory order, stressing that the judgment itself made a clear distinction between declaratory relief and orders compelling specific actions. While acknowledging the ruling raises substantial constitutional questions concerning fixed election dates, computation of constitutional timelines, and the roles of Parliament and county governments, Odhiambo advocated for a calm and principled appellate process rather than partisan interpretations.
She urged the ruling to be neither dismissed as irrelevant nor overstated as having already displaced Kenya's constitutional government. Odhiambo stressed the rule of law requires fidelity to both the Court's reasoning and its actual orders. She reaffirmed the importance of elections not being left to political convenience, but cautioned that constitutional remedies should also be administered to avoid unnecessary instability.
The Constitution, she argued, is not self-destructive but designed to secure both accountability and continuity. Odhiambo called for an immediate, institutionally responsible legal response to the judgment, noting it remains open to appeal and should be understood within the context of the remedies granted, the limitations imposed, and the appellate mechanisms provided under the law.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
