A Kenyan court ruled on Friday the general election should be held next week, supporting a petition challenging next year’s scheduled date but then suspended its own ruling to avoid political chaos.
Kenya’s next general election is scheduled for August 10, 2027, but that falls outside the date specified under the constitution, which says the “election of the president shall be held… the second Tuesday in August, in every fifth year”.
The petitioners argued that the law “does not say after five years or at the end of five years”.
“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… the constitution and will consequently be null and avoid,” judge Mugure Thande said.
‘Correct the defect’
However, Thande then went on to suspend her own ruling, “to allow the second respondent (the electoral body) to correct the defect” and permit the forthcoming ballot to proceed as planned.
The dispute centered on the interpretation of the law that sets out the timelines for a presidential election, the Daily Nation newspaper reports.
The petitioners argued in court that holding the next election in August 2027 would amount to extending President William Ruto’s tenure beyond the legal period.
“The constitution must always be interpreted according to its text, not political convenience,” said lawyer Willis Otieno on X, representing one of the petitioners.
Otieno told AFP the ruling calls into question President William Ruto’s legitimacy after August 11, 2026. He is seeking a second term in the next election.
“The court has merely extended the period within which IEBC is to conduct the elections but not the legitimacy or term of the incumbent,” Otieno said, referring to the body overseeing the country’s polls.
Four-year presidential term
Constitutional lawyer Paul Muite told AFP the decision will effectively place the presidential term at four years, as its duration is not explicitly defined in law.
“If this judgement is not reversed by the Appellate Courts, those elected in next year’s elections will go into office aware that the presidential term in Kenya is four years not five,” Muite said.
“The judgement is correct in its interpretation of the constitutional provisions,” he added.
