Malindi court rules Kenya's next General Election should be in August 2026, not 2027

Justice Thande stated that holding the presidential election on any other date would violate several constitutional provisions, including Articles 2, 3, 10, 1361, 1362a, 1421, 249, 2591, and 2595c. The court found that the Independent Electoral and Boundaries Commission IEBC had set the next General Election for the second Tuesday in August after the fifth year, rather than in the fifth year as required by the Constitution. The ruling also declared that, according to Article 1362a, the presidential term of office is not five years, and no constitutional provision grants the President a five-year term. Consequently, any election held outside the constitutionally prescribed date would be null and void.

Despite the declaration, Justice Thande suspended the implementation of the ruling until after the 2027 General Election to allow the IEBC to address the identified constitutional defect. The court dismissed other prayers in the petition and made no order as to costs, directing each party to bear its own legal expenses.