The High Court has declared that conducting political campaigns outside the official election period is illegal and a violation of constitutional rights.

In a landmark decision issued on Tuesday, a three-judge bench comprising Hedwig Ong’udi, Patricia Gichohi and Heston Nyaga ruled that early campaigns breach multiple rights and principles enshrined in the Constitution.

The judges said such campaigns violate the right to equality and equal protection of the law, the right to life, freedom from violence, the principle of impartiality, the right to development, the rule of law, and the right to free and fair elections.

The court ruling followed a petition challenging the widespread roadside rallies and premature campaign activities seen across the country.

The petitioners told the court that these campaigns interfere with citizens’ rights and have led to destruction of property and increased political tension. They cited recent “meet the people” tours by politicians as part of the problem.

According to court documents, early campaigns give certain politicians unfair advantage through repeated media exposure and access to public platforms, disadvantaging those who choose to wait for the legal campaign period.

The petitioners argued that this undermines fairness and promotes impunity.

They further told the court that premature campaigns often lead to clashes between rival supporters, intimidation of opponents and voters, and increase the risk of hate speech and incitement.

Agreeing with the petitioners, the judges directed the Attorney General to take the necessary steps within twelve months to introduce a law that regulates political campaigns outside the election period.

They said the new law should bring order, fairness, and legal clarity to the country’s political environment.