A petition seeking to hold the next General Election in August 2026 has been filed before Chief Justice Martha Koome and her fellow judges at the Supreme Court.
The petition, filed by three Kenyans on Friday, April 25, is seeking orders from the CJ Koome-led bench to have the elections held on the second Tuesday of August in 2026.
The three argued that holding the election on any other date would violate various articles of the Constitution of Kenya, 2010, and potentially trigger a political crisis.
The petitioners brought the petition under several articles of the Constitution of Kenya, 2010, including those concerning the sovereignty of the people, the rule of law, national values and principles of governance, general principles of the electoral system, and the right to vote and contest in elections.
According to the Constitution of Kenya, 2010, an election of the President is to be held on the same day as a general election of Members of Parliament, which is mandated to be the second Tuesday in August, every fifth year.
The most recent presidential election was held on August 9, 2022, with President William Ruto clinching the seat after defeating former Prime Minister Raila Odinga. Consequently, the next presidential election is due to be held on the second Tuesday in August of the fifth year from August 9, 2022.
As per the petitioners, applying the formula outlined in Article 259(5)(c) of the Constitution for calculating time between events, the fifth year from the election held on August 9, 2022, commences on August 9, 2026, and concludes at midnight on August 9, 2027.
Therefore, as per the petitioners, based on this calculation and the constitutional requirement, the next presidential election should be held on the second Tuesday in August 2026.
Key to this would be a declaration that the presidential elections be held in the fifth year of/following the last general election, and not after the fifth year.
The petitioners contended that holding the elections on any other date other than August 2026 would constitute a violation of the Constitution, further calling for orders terming any such elections as null and void.
The debate to hold elections in 2026 arose after assertions made by popular city lawyer Willis Otieno, who was Safina party leader Jimi Wanjigi's running mate in the previous elections. Otieno averred that, as per the law, the elections should be held next year, much to the chagrin of leaders allied to Ruto.
However, the current situation in the country would seemingly make such a scenario difficult to execute. The Independent Electoral and Boundaries Commission (IEBC) is still not fully reconstituted after a prolonged court battle delayed the process.
Also, other processes critical to the elections, such as boundary delimitation, are yet to be conducted. Numerous leaders such as former Deputy President Rigathi Gachagua, Wiper party leader Kalonzo Musyoka, DAP-K leader Eugene Wamalwa, and People’s Liberation Party (PLP) leader Martha Karua, have all expressed their intention to run for presidency in the upcoming elections.
Ruto has in the past reaffirmed that he will successfully defend his current seat in the next polls, dismissing assertions by opposition leaders that he will be a one-term president.
