Health Cabinet Secretary Aden Duale has rejected a recent High Court ruling that could move Kenya’s next presidential election to August 2026, arguing that such a move would prematurely end the constitutional terms of elected leaders.
Duale made the remarks while responding to a ruling by Malindi High Court Judge Mugure Thande, who declared that the next presidential election should be held on August 11, 2026, rather than in 2027.
In a statement issued on Saturday, August 8, Duale accused the judge of misinterpreting the Constitution by drawing a distinction between the phrase “fifth year” and the five-year constitutional term served by elected leaders.
“The judgment by Lady Justice Thande misinterprets and misapplies the Constitution by splitting hairs on the meaning of two simple words, ‘fifth year’ and ‘five years’,” Duale said.
He argued that implementing the ruling would mean the President, governors, Members of Parliament and Members of County Assemblies would all leave office after approximately four years and two days instead of completing their five-year terms.
“To interpret that the date is next week would mean all elective positions would be vacated after exactly just 4 years and 2 days, which is an absurdity,” he said.
According to Duale, the Constitution was designed to ensure that presidential, parliamentary and county elections are held within the same electoral cycle.
He further argued that the interpretation of the Constitution should take into account Kenya’s electoral history, including the system that existed before the promulgation of the 2010 Constitution.
“It is also a matter of public notoriety and judicial notice that a term is pegged on 5 years based on our Constitution's history and the previous elections held in the country,” he stated.
Duale also maintained that Kenyans did not vote for a system in which elected leaders would face elections every four years and two days.
He insisted that the next General Election should therefore be held in 2027 after the current five-year electoral cycle is completed.
His comments followed a landmark ruling by Justice Thande, who declared the planned August 2027 presidential election “null and void” and held that the Constitution requires presidential elections to be conducted in the fifth year of the presidential term rather than after the fifth year.
Justice Thande further ruled that the Constitution does not guarantee the President a full five-year tenure, finding that the constitutionally prescribed election date takes precedence over the length of the presidential term.
The judge consequently ruled that the next presidential election should be held on August 11, 2026.
However, the implementation of the ruling was suspended, meaning the decision does not immediately alter the planned 2027 election timetable as legal proceedings continue.