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Kenya’s next polls should be held in August 2026, not the scheduled August 10, 2027, High Court declares
['Pinnah Mokeira']
Kahawatungu
Despite declaring the intended 2027 presidential election date unconstitutional, the judge suspended the declaration of invalidity until after the next General Election, saying an immediate implementation of the decision would create logistical challenges and disrupt preparations already underway.
The judge held that the fifth year following the August 9, 2022 presidential election commenced on August 9, 2026, making August 11, 2026 the second Tuesday of that month, the constitutionally prescribed date for the next presidential election.
“The election of the President shall be held on the second Tuesday in August in the fifth year following the immediately preceding presidential election,” the court ruled.
Applying that provision, the court concluded that the fifth year after the 2022 election began on August 9, 2026.
The court held that the petitioners had raised legitimate constitutional questions regarding the intended election date and the alleged threat of violating Article 136(2)(a).