A constitutional petition has been filed at the Milimani High Court seeking to compel the Kenyan government to conduct the next General Election on Tuesday, August 11, 2026, arguing that this is the legally mandated date under the 2010 Constitution.
The petition, filed by Bryson Mangla, a resident of Kajiado West sub-county, raises alarm over what he terms an imminent threat to constitutional integrity. He cites Articles 101(1), 136(2a), 177(1a), and 180(1) of the Constitution, which he claims mandate that elections for the President, Members of Parliament, Governors, and Members of County Assemblies be held on the second Tuesday of August in the fifth year.
“There are only 14 months left before Kenyans are constitutionally required to return to the ballot,” court papers read, emphasizing what Mangla sees as a growing risk of delay. He argues that any attempt to push the election into 2027 is unconstitutional and would amount to a violation of Article 38(2), which guarantees citizens the right to vote in free and fair elections.
In a striking assertion, Mangla brands any move to extend the current government’s term as an “act of treason,” warning that public officers facilitating such an outcome could face prosecution under the Penal Code, potentially even capital punishment if convicted.
The petition seeks a declaration from the High Court that the General Election must be held on August 11, 2026, and not in 2027, as previously scheduled. It also asks the court to direct the Independent Electoral and Boundaries Commission (IEBC) to begin preparations for the 2026 polls and for the National Treasury to allocate sufficient funds in both the 2025/2026 and 2026/2027 financial years.
Mangla claims he had issued a memorandum dated April 30, 2025, alerting authorities to the potential constitutional breach, but received no response, prompting the legal action.
The petition could ignite significant national debate over electoral timelines and constitutional interpretation, especially as Kenya edges closer to the next election cycle.
Written By Rodney Mbua
