Three move to court to compel IEBC to hold general elections in August 2026
According to them, the fifth year begins on August 9, 2026, making it the lawful period for holding the next general elections.
Three Kenyans have filed a petition at the Supreme Court, asking that the next general elections be held in August 2026, rather than the scheduled August 2027.
In their petition, activists Owiso Owiso, Khelef Khalifa, and Ashioya Biko are requesting that the apex court direct the Independent Electoral and Boundaries Commission (IEBC) to comply with the constitutional requirement to hold elections in the fifth year after the last poll, which took place on August 9, 2022.
They want the court to issue "an order directing the IEBC to proceed with preparations for the next presidential election on the second Tuesday of August 2026."
The trio argue that extending the election date to 2027 would breach Article 136(2)(a) of the Constitution, which sets the election date for the second Tuesday of the fifth year after the last election.
They have provided a breakdown of the five years as follows:
Year one: August 9, 2022 – August 9, 2023
Year two: August 9, 2023 – August 9, 2024
Year three: August 9, 2024 – August 9, 2025
Year four: August 9, 2025 – August 9, 2026
Year five: August 9, 2026 – August 9, 2027
According to them, the fifth year begins on August 9, 2026, making it the lawful period for holding the next general elections.
They also cite Article 259(5)(c) of the Constitution, which guides how time is interpreted when computing timelines.
The petitioners fault the IEBC for failing to act within the stipulated timelines, accusing the commission of disregarding the constitutional framework that clearly sets out the election cycle.
They further emphasize that scheduling the next presidential election on any date other than the second Tuesday of August 2026 would violate Kenyans’ constitutional right to meaningful participation in the governance of their country.