Three citizens have taken a petition to the Supreme Court of Kenya, urging that the next presidential election be held in August 2026 instead of 2027.
They believe the 2027 date set by the Independent Electoral and Boundaries Commission (IEBC) goes against the Constitution.
Led by Dr. Oswagi Oswahg, the petitioners cite Article 136(2)(a) of the 2010 Constitution, which states that a presidential election must occur on the second Tuesday of August in the fifth year after the previous one. Since the last election was held on August 9, 2022, they argue that the next should be on August 11, 2026.
They say that the Constitution is clear on the timing of elections and that it doesn’t depend on how long a president has served after being sworn in.
For example, the 2017 election was held in August, even though the president at the time had only served about four years and five months since taking office.
The petition emphasizes the importance of regular and predictable election dates, noting that it helps uphold democracy, allows better planning by the electoral body, and gives candidates enough time to prepare.
The citizens also argue that holding the election in 2027 would stretch the current term into the sixth year, which they believe violates the law.
They want the Supreme Court to confirm that the five-year term ends in August 2026 and that the next election must be held within that timeframe. They believe this would promote fairness, respect the Constitution, and strengthen public trust in the electoral process.
By Kenyans