Kenya election ruling paused after court backs 2026 vote

A Kenyan court on Friday suspended its own ruling that the next presidential election should be held in August 2026 rather than on the scheduled August 10, 2027 date.

Judge Mugure Thande said holding the next presidential election on any date other than the second Tuesday in August 2026 would violate the constitution. She then suspended the ruling to allow the electoral body to correct the defect and let the forthcoming ballot proceed as planned.

Kenya's constitution says the presidential election shall be held on the second Tuesday in August “in every fifth year.” Petitioners argued that the wording did not mean after five years or at the end of five years.

Willis Otieno, a lawyer for one of the petitioners, said the ruling calls into question President William Ruto's legitimacy after August 11, 2026. Ruto is seeking a second term in the next election.

Constitutional lawyer Paul Muite said the decision would effectively make Kenya's presidential term four years if it is not reversed by appellate courts. Khelef Khalifa, a human rights defender and petitioner in the case, said the decision “might create a constitutional crisis.”