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Originally published by Capital News
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August 7, 2026
1mo ago

High Court Declares 2027 Election Date Unconstitutional, Says Poll Was Due in 2026

High Court Declares 2027 Election Date Unconstitutional, Says Poll Was Due in 2026

Lady Justice M. Thande held that the IEBC's plan to hold the next General Election on August 10, 2027 is based on an incorrect interpretation of the Constitution. She declared that the date of the presidential election is predetermined by the Constitution and is not subject to th..

✨ Key Highlights

Kenya's High Court has declared that the next presidential election should be held on August 11, 2026, ruling the Independent Electoral and Boundaries Commission (IEBC)'s planned August 10, 2027 date unconstitutional.

  • The court interpreted Article 136(2)(a) of the Constitution to mean the election must occur within the fifth year, not after it, making August 11, 2026 the constitutionally mandated date.
  • The ruling was delivered by Lady Justice M. Thande, who stated the election date is predetermined by the Constitution and not subject to the IEBC's discretion.
  • While declaring the 2027 date unconstitutional, the court suspended the immediate compulsion for an election, citing logistical impossibility and potential national instability, instead issuing declaratory orders.

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Part of the Day's Coverage

High Court Declares 2027 Election Date Unconstitutional - August 2026

Kenya's High Court has ruled that the next presidential election should be held on August 11, 2026, declaring the Independent Electoral and Boundaries Commission's planned August 10, 2027 date unconstitutional. The Malindi High Court separately declared the August 2027 presidential election 'null and void', stating that holding it on that date would contravene the Constitution. Meanwhile, Wiper Party leader Kalonzo Musyoka has cautioned IEBC against issuing threats to postpone the 2027 General Election, demanding that the electoral body stick to its constitutional mandate.

High Court Declares 2027 Presidential Election Invalid, Issues Orders
High Court Declares 2027 Presidential Election Invalid, Issues Orders

Kenyans

Stop threatening us with election postponement, Kalonzo tells IEBC
Stop threatening us with election postponement, Kalonzo tells IEBC

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