Safina party leader Jimmy Wanjigi addresses a press conference. With him is deputy party leader Willis Otieno (right)/SCREENGRABThe Safina Party has called on the Independent Electoral and Boundaries Commission (IEBC) to prepare to conduct the next General Election within 120 days following a landmark High Court ruling on the timing of the polls.
Addressing a press conference, Safina Deputy Party Leader Willis Otieno said the electoral commission has a constitutional obligation to organise the election within the shortest time possible.
Otieno argued that the IEBC has previously demonstrated its capacity to conduct by-elections within 60 days whenever a parliamentary seat is declared vacant.
"When a parliamentary seat has been declared vacant, IEBC has been able to conduct elections within 60 days. We want to hear why IEBC cannot conduct an election within 60 days," he said.
He added that if the commission requires more time due to logistical or administrative challenges, it should publicly explain the reasons and seek understanding from Kenyans.
"If there are any arrangements beyond the 60 days because of logistical and administrative problems, they should make a case to Kenyans that they need extra days, an extra 60 days. They should conduct that election within 120 days. That is what Kenyans can take as permissible. Anything beyond that, in my view, is the suppression of the will of the people," Otieno stated.
According to the Safina deputy leader, President William Ruto's constitutional mandate expired at midnight on August 10, 2026, arguing that any continuation in office is only to facilitate the transition until elections are conducted.
"The legitimacy and term of office of William Ruto lapses on 10 August 2026 midnight. Beyond that we are moving to a temporary president," he said.
Otieno further maintained that the High Court had faulted the IEBC for interpreting the Constitution as granting elected leaders fixed five-year terms.
"IEBC had erroneously moved on the premise that the President serves for a five-year term. And the court told them, just like we told them before, there is no five-year term anywhere in the law provided for the President, MPs, governors and MCAs. They only serve until the next date of elections," he said.
Safina Party leader Jimmy Wanjigi welcomed the judgment, describing it as a victory for constitutionalism.
"We as Safina want to say thank you to the High Court as it has upheld the Constitution. Today we have a constitutional victory," he said.
"William Ruto, your time is up. On Tuesday you will become nothing more than a president who has been given a mandate by a court because of logistical issues. Your term has not been extended. You are a temporary president and there are various things you cannot do."
In its judgment, Justice Mugure Thande declared that the fifth year following the August 9, 2022, General Election commenced on August 9, 2026, and that Article 136(2)(a) of the Constitution requires the presidential election to be held on the second Tuesday of August in that fifth year.
The ruling arose from a petition filed by Dr Owiso Owiso, Ashioya Biko and Khelef Khalifa challenging the interpretation of constitutional provisions on the timing of presidential elections.
