The High Court has ruled that Kenya’s next presidential election should be held on the second Tuesday of August 2026, in a judgment that addresses the constitutional framework governing the presidential election cycle.

Justice Mugure Thande, delivering the judgment in Malindi, held that the fifth year following the presidential election held on August 9, 2022, began on August 9, 2026.

The judge consequently found that the next presidential election should take place on the second Tuesday of August 2026, which is August 11.

Justice Thande declared that conducting the presidential election on any other date would contravene various provisions of the Constitution.

She cited Articles 2, 3, 10, 136(1), 136(2)(a), 142(1), 249, 259(1) and 259(5)(c) in reaching her decision.

The judge further held that any election conducted on a date other than the constitutionally prescribed date would be null and void.

The judgment also examined the constitutional provisions governing the duration of the President’s tenure.

Justice Thande held that, by operation of Article 136(2)(a), the President’s term of office is not five years.

She further found that Article 142, or any other provision of the Constitution, does not expressly confer a five-year term of office on the President.

Despite making the declarations, the judge suspended the declaration of invalidity until after the next General Election.

The suspension was intended to give the second respondent an opportunity to address the constitutional defect identified by the court.

Justice Thande dismissed the remaining prayers in the petition that were not expressly granted.

She also ordered that there would be no order as to costs, meaning each party will meet its own legal expenses.

The ruling comes amid a constitutional dispute over the interpretation of the presidential election cycle, particularly the computation of the period following the August 9, 2022 election and the date on which the next General Election should be held.