Three petitioners have filed a case with the Supreme Court seeking to have Kenya’s next general elections held in August 2026 instead of August 2027.
In their petition, Owiso Owiso, Khelef Khalifa, and Ashioya Biko are requesting the court to compel the Independent Electoral and Boundaries Commission (IEBC) to begin preparations for the next presidential election, scheduled for the second Tuesday of August 2026, in accordance with the Constitution.
They argue that the Constitution mandates general elections to be held in the fifth year following the previous one, which took place on August 9, 2022.
“An order directing the IEBC to proceed with preparations for the next presidential election on the second Tuesday of August 2026,” the petition states.
According to the petitioners, holding the next election beyond August 2026 would be unconstitutional and render the electoral process invalid. Citing Article 136(2)(a) of the Constitution, they emphasize that the next presidential election must occur on the second Tuesday of the fifth year following the last election—specifically, in August 2026.
They further reference Article 259(5)(c) of the Constitution, which provides a framework for calculating time, reinforcing their interpretation that August 2026 marks the fifth year since the last general election.
The petition outlines the breakdown of the five-year term as follows:
- Year 1: August 9, 2022 – August 9, 2023
- Year 2: August 9, 2023 – August 9, 2024
- Year 3: August 9, 2024 – August 9, 2025
- Year 4: August 9, 2025 – August 9, 2026
- Year 5: August 9, 2026 – August 9, 2027
Based on this calculation, the petitioners argue that the fifth year begins on August 9, 2026, making that the constitutionally appropriate year for the next election.
They accuse the IEBC of failing to comply with the constitutional timeline for holding elections and warn that delaying the polls until August 2027 would violate Kenyans’ right to participate in the governance of their country.
Furthermore, the petition claims that postponing the elections would undermine democratic principles, the rule of law, and the rights guaranteed under Articles 2(3), 2(13), 4, 5, 17, and 32(7) of the African Charter on Democracy.
