Likuyani Digest | Ground Reality
Court: Election Should Have Been This Year — But Order Suspended
The High Court in Malindi has ruled that Kenya’s next General Election ought to have been held on 11 August 2026, and not on the scheduled date of 10 August 2027.
In a judgment delivered on Friday, 7 August 2026, Justice Mugure Thande held that Article 136(2)(a) of the Constitution requires the presidential election to be conducted on the second Tuesday of August in the fifth year following the previous general election, and not after the fifth year.
The judge declared that the fifth year after the 9 August 2022 election commenced on 9 August 2026. Holding the election on any other date, she ruled, would violate several constitutional provisions and would be null and void.
However, Justice Thande suspended the declaration until after the next general election. She cited the need to avoid chaos and disruption, noting that the IEBC, candidates and the public had already been preparing for a 2027 poll.
The ruling does not order an immediate election in 2026. It only clarifies the constitutional position while allowing the current timeline to proceed under suspension.
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