President William Ruto has acknowledged the constitutional implications of a recent High Court ruling that declared Kenya’s next presidential election was due in August 2026 rather than August 2027.
Ruto said he was fully aware of the judgment and its implications for his administration, including questions surrounding the constitutional status of his Cabinet.
Speaking on Thursday during the 16th Katiba Day symposium at the Kenyatta International Convention Centre (KICC), Ruto was asked during a panel discussion whether he was aware that his Cabinet had been rendered unconstitutional by the judgment.
“Are you aware sir that your Cabinet is unconstitutional?” he was asked.
“I’m fully aware that the court has made a determination and given me time to realising that that is work in progress to be able to do what I need to do,” Ruto responded.
The exchange came days after Malindi High Court Judge Mugure Thande ruled that the fifth year following the August 9, 2022 General Election commenced on August 9, 2026, meaning the next presidential election was constitutionally due on the second Tuesday of August 2026.
Justice Thande held that Article 136(2)(a) requires a presidential election to be held in the fifth year following the previous General Election, rather than after the fifth year had elapsed.
She consequently identified August 11, 2026, as the constitutionally prescribed election date.
“The correct interpretation of Article 136(2)(a) of the Constitution is that the second Tuesday in the fifth year with regard to the next presidential election must mean 11th August 2026,” she ruled.
The judgment has triggered a wider constitutional debate over the tenure of elected leaders and the validity of institutions established under the current administration.
However, Justice Thande suspended the effect of her declaration, citing the need to avoid disruption and allowing parties to pursue appeals.
The ruling therefore did not trigger an immediate election or automatically remove Ruto and his Cabinet from office.
Ruto’s remarks came as he sought to underline his commitment to the supreme law and the obligations attached to the office of President as the country marked 16 years since the promulgation of the 2010 constitution.
Responding to the question on the constitutionality of his Cabinet in the context of not having met the two-thirds gender rule, Ruto said it was work in progress.
“I did make proposals to Parliament myself on how we could attain the two-thirds gender rule. It is still work in progress in Parliament and I think progressively, without being too aggressive with ourselves, that is work in progress.”
He said the oath he took upon assuming office was not merely ceremonial but a solemn undertaking to preserve, protect and defend the constitution.
“I am fully conscious of the oath that I took to preserve and defend the constitution,” Ruto said, emphasising that the pledge carries an obligation to account for how he exercises presidential authority.
He linked that constitutional responsibility to the political commitments he made when seeking the presidency in 2022, saying his manifesto promises were also obligations for which he must ultimately answer to Kenyans.
“When we seek a mandate like the way I did, I made commitments to the people of Kenya and those commitments were not just statements,” he said.
Ruto’s comments came in the broader context of his Katiba@16 address, in which he argued that constitutional implementation requires both the restraint and responsible exercise of power.
“Our constitution performs two equally important principles. First, it restrains power. It shares authority, establishes checks and balances, protects fundamental freedoms, and provides remedies against abuse. Second, it manages power.”
He said where government acts unlawfully, it must respect judicial authority and correct its course, while lawful decisions made within the constitutional mandate of elected institutions should also be respected.
“Where government acts unlawfully, it must obey the courts and correct its course,” Ruto said.