The High Court in Malindi, Kenya, has ruled that the presidential election scheduled for August 2027 is unconstitutional, saying it would be invalid if preparations continue for it to be held on that date.
On Friday, Justice Mugure Thande ruled that the Independent Electoral and Boundaries Commission (IEBC) would be acting contrary to the Constitution if it scheduled the presidential election for August 10, 2027.
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Court Says Election Should Be Held in 2026
The court ruled that the presidential election must be held during the fifth year of a presidential term, rather than after the fifth year has ended. This means the election should be held in August 2026, rather than 2027.
In his ruling, Justice Thande said Kenya’s Constitution does not provide that the President must remain in office for a full five years. He stressed that the election date prescribed by the Constitution must be respected and falls before the expiry of the presidential term.
The court said the presidential election should be held on August 11, 2026, rather than in 2027. However, it immediately suspended the implementation of the ruling on an interim basis.
Petitioners Challenge Election Timeline
The case was brought before the court by petitioners who argued that, since the last election was held on August 9, 2022, the next presidential election should be held on the second Tuesday of August 2026, in accordance with the provisions of the Constitution.
After examining Articles 136, 142 and 259 of Kenya’s Constitution, the High Court upheld the petitioners’ interpretation regarding when the presidential election should be held.
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Implementation of Ruling Suspended
Although the court ruled that scheduling the presidential election for August 2027 is unconstitutional, it suspended the implementation of the ruling until after the next general election.
This means the IEBC will continue preparations for the 2027 elections, despite the court’s finding that the presidential election should instead be held in August 2026.
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Court Seeks to Avoid Instability
Justice Thande said cancelling or disrupting the 2027 election preparations at this stage could cause serious problems for the country. The court therefore sought to balance constitutional compliance with the need to avoid creating instability in the country.
He added that the ruling was intended to clarify the law and resolve uncertainty over the date of Kenya’s next presidential election.
