Health CS Aden Duale has challenged a High Court ruling declaring August 11, 2026, the constitutionally prescribed date for Kenya’s next presidential election.
Duale, a former National Assembly Majority Leader and long-serving lawmaker, took issue with the ruling by Malindi High Court Judge Mugure Thande, who held that the fifth year following the August 9, 2022 presidential election commenced on August 9, 2026.
Justice Thande ruled that Article 136(2)(a) requires the presidential election to be held on the second Tuesday of August in the fifth year following the previous General Election, rather than after the fifth year.
"A declaration is hereby made that the fifth year after the previous presidential election held on 9th August 2022 commences on 9th August 2026," Justice Thande ruled.
The decision arose from a petition filed by Dr Owiso Owiso, Ashioya Biko and Khelef Khalifa, who challenged the interpretation of constitutional provisions governing the timing of presidential elections and the length of the President's term.
The petitioners argued that the fifth year after the August 9, 2022 election began on August 9, 2026, making August 11, 2026—the second Tuesday of that month—the constitutionally prescribed election date.
Justice Thande agreed with the petitioners, ruling that holding the next presidential election on any date other than August 11, 2026, would contravene the Constitution.
However, the judge suspended the effect of the declaration until after the next General Election, citing the practical difficulties of implementing it immediately as the IEBC, prospective candidates and the public had been preparing for an August 2027 election.
The court also found that the President's tenure is not constitutionally fixed at five years, holding that neither Article 142 nor any other provision expressly guarantees a five-year presidential term.
Duale, in a Facebook post through his account, argued that Justice Thande had drawn an erroneous distinction between the constitutional expressions “fifth year” and “five years”, saying the Constitution must be read as a whole rather than through an isolated interpretation of Article 136.
According to Duale, Article 136(2)(a), which provides for the presidential election on the second Tuesday of August in every fifth year, must be read alongside Article 177(4), which expressly provides that county assemblies are elected for a five-year term.
He argued that applying the ruling's interpretation would effectively reduce the tenure of elected leaders to four years and two days.
“To interpret that the date is next week would mean all elective positions would be vacated after exactly just four years and two days, which is an absurdity,” Duale said.
The CS further warned that such an interpretation could create vacancies in elective offices and amount to the premature removal of elected leaders contrary to constitutional safeguards governing their tenure.
He maintained that Kenya's constitutional history also supports the understanding that elective terms run for five years, arguing that Kenyans never intended to elect their leaders after every four years and two days.
Duale maintained that the ruling was based on a “misapplication of clear self-speaking provisions” of the Constitution and urged that the provisions be interpreted within the broader constitutional framework.
The controversy comes as Kenya approaches the 2027 General Election, which the IEBC's Election Operation Plan 2025–2027 has scheduled for August 10, 2027.
