Can Elections Be Held in 2026? A Legal and Constitutional Debate
A fresh debate has emerged over the date of Kenya’s next general election following remarks by constitutional lawyer Willis Otieno, who argues that elections should be conducted in August 2026, not 2027 as currently scheduled.
Otieno’s claim, shared widely on social media, is based on his interpretation of Article 136(2)(a) of the Constitution, which states that presidential elections are to be held on the second Tuesday of August every fifth year.
He reasons that since the last elections were held in August 2022, the fifth year would fall in 2026.
He warns that postponing elections to 2027 would effectively lengthen the current administration’s term unconstitutionally, undermining the sovereignty of the people as outlined in Article 1 and the restrictions on state authority in Article 2(2).
However, not all legal minds agree. Lawyer Mwaura Muroki dismisses Otieno’s view as a misreading of the Constitution.
According to Muroki, a full year consists of 365 days, and counting from August 2022, the fifth year concludes in August 2027.
He argues that the law mandates an election in the fifth year after the last one—not during the fifth calendar year.
“It’s a matter of counting actual years, not simply naming them,” Muroki noted.
Legal scholar Javas Bigambo acknowledges Otieno’s constitutional concerns but insists the issue is not straightforward.
He recalls the 2013 general election, which was postponed from the initial August 2012 date due to a Supreme Court decision.
Bigambo believes that such a matter would require judicial clarity and recommends seeking an advisory opinion from the Supreme Court to settle the question definitively.
He also underscores the importance of calculating election cycles based on the date of the previous poll.
“If elections were held in August 2022, then one year runs to August 2023, and so forth. It’s not about starting from January,” he explained.
The Supreme Court has previously ruled on similar matters. In 2020, it affirmed that each electoral year starts from the second Tuesday of August, counting one full year at a time.
That judgment clarified how to count years for election purposes, reaffirming August 2027 as the appropriate date for the next general election.
While Otieno’s argument has stirred public discussion, the legal consensus leans toward maintaining the current 2027 timeline—unless the courts say otherwise.
By Kenyans