‘Article 136’: Why 2026 Is the Only Lawful Year for the Next Presidential Election – Willis Otieno
Kenyan lawyer Willis Evans Otieno has reignited national debate by arguing that the next presidential election must legally be held in 2026, not 2027.
In a series of posts shared on April 18, 2025, Otieno referred to Article 136(2)(a) of the Constitution, which states:
“An election of the President shall be held on the second Tuesday in August in every fifth year.”
According to Otieno, this language establishes a fixed election cycle, making it unconstitutional to schedule the next general election for 2027.
Breaking Down the Timeline
Otieno laid out a simple breakdown to support his argument. Starting from the last general election in August 2022:
- 2022 – Year 1
- 2023 – Year 2
- 2024 – Year 3
- 2025 – Year 4
- 2026 – Year 5
He argues that the Constitution mandates elections in the fifth year, not after five years. Therefore, the next presidential election should occur on August 11, 2026, the second Tuesday of that year.
Article 142: A Point of Contention
Some critics have pointed to Article 142, which stipulates that a President serves a five-year term from the date of being sworn in.
Otieno responded with precedent. President Uhuru Kenyatta was sworn in on April 9, 2013, yet the next election took place on August 8, 2017—nine months before his five-year term ended.
Similarly, his second term began on November 28, 2017. However, the next election was held on August 9, 2022—again, before a full five years had passed.
Otieno argues this pattern shows the Constitution prioritizes Article 136’s fixed election date over the flexible term period described in Article 142.
“We’re a Republic, Not a Dynasty”
Addressing the political implications, Otieno warned against what he called “calendar tricks” designed to extend power.
“We’re a Republic, not a dynasty. If your only path to power is extending terms through calendar tricks, then you’ve already lost the people,” he said.
He added that insisting on a 2027 election either disregards constitutional history or plays politics with the rule of law.
Public Debate and Online Pushback
Otieno’s argument sparked widespread conversation online. While many supported his stance, others questioned its legal soundness.
Economist Mohamed Welihye challenged Otieno’s interpretation, asking whether courts have defined what “fifth year” means in a legal context.
Otieno replied that he used the electoral calendar, stating the fifth year runs from August 9, 2026 to August 8, 2027. Hence, the second Tuesday of that window—August 11, 2026—is the constitutionally valid date.
“We conduct elections on the second Tuesday of August in the fifth year,” he reiterated.
Clarifying the Counting Method
Some users, including Raymond Otieno and Nemuel Mustafah, questioned whether 2022 could truly count as Year 1.
Otieno responded by referencing Article 259(3)(c) of the Constitution, explaining that the period from August 9, 2022, to August 8, 2023, is Year 1. By that logic, 2026 is the fifth year, and the correct election date falls within it.
What the Constitution Actually Says
- Article 136(2)(a): The presidential election must be held on the second Tuesday in August in every fifth year.
- Article 101(1): General elections for Members of Parliament are also to be held on the second Tuesday in August every fifth year.
- Article 142: A President shall serve a term of five years from the date of being sworn in.
Otieno maintains that Article 136 is the controlling provision for election dates, while Article 142 only defines term length—not the election timeline.
The Bottom Line
Otieno’s message is clear: The law has already decided. Any push to delay the election to 2027, he warns, would not only ignore constitutional precedent but would violate the very foundation of Kenya’s electoral integrity.
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‘Article 136’: Why 2026 Is the Only Lawful Year for the Next Presidential Election – Willis Otieno
