In a judgment delivered at the Malindi High Court on Friday, Justice Mugure Thande declared that holding the next presidential election on any date other than the second Tuesday of August 2026 would contravene constitutional provisions governing the election cycle.

The judge, however, suspended the implementation of the ruling until after the 2027 General Election, allowing the Independent Electoral and Boundaries Commission (IEBC) to proceed with preparations for the planned polls.

Justice Thande ruled that the Constitution requires presidential elections to be held in the fifth year after an election, not after the completion of a full five-year presidential term.

She said the interpretation of Article 136(2)(a) of the Constitution means the next presidential election should have taken place on the second Tuesday of August 2026, which falls within the fifth year after the August 2022 presidential election.

“The correct interpretation of Article 136(2)(a) of the Constitution is that the second Tuesday in the fifth year before the next presidential election must mean August 11, 2026,” the judge ruled.

The court also found that the Constitution does not guarantee the President a fixed five-year term, stating that the timing of elections takes precedence over the length of the presidential tenure.

The ruling followed a petition challenging the date set for Kenya’s next General Election, with petitioners arguing that the Constitution required the polls to be held in 2026.

While the court agreed with the petitioners’ interpretation, it suspended the declaration that the 2027 election date would be invalid, citing concerns that overturning the current election schedule could create uncertainty and instability.

The decision means Kenya’s 2027 elections will proceed as planned, despite the court’s finding that the Constitution would have required an earlier election date.