Three Petition Filed in Court to Compel IEBC to Conduct General Elections in August 2026
Three petitioners have formally moved to the Supreme Court of Kenya seeking declaratory and mandatory orders to compel the Independent Electoral and Boundaries Commission (IEBC) to conduct the next general elections in August 2026, rather than in August 2027 as currently anticipated.
The petitioners—Mr. Owiso Owiso, Mr. Khelef Khalifa, and Mr. Ashioya Biko—have filed a constitutional petition at the apex court, arguing that the Constitution of Kenya, 2010, expressly mandates the holding of presidential elections on the second Tuesday of August in the fifth year following the previous general elections.
The last general elections were held on August 9, 2022.
In their petition, the applicants are seeking, among other orders, a directive compelling the IEBC to commence immediate preparations for the next presidential election to be held on the second Tuesday of August 2026.
They assert that failure to do so would be contrary to the express provisions of the Constitution and would undermine the democratic framework envisioned under the law.
“An order directing the IEBC to proceed with preparations for the next presidential election on the second Tuesday of August 2026,” reads part of the petition.
The petitioners rely primarily on Article 136(2)(a) of the Constitution, which provides that a general election for the President of the Republic of Kenya shall be held on the second Tuesday in August in every fifth year. According to the petitioners, this provision is clear, mandatory, and allows no room for discretion or administrative variation.
They further refer to Article 259(5)(c) of the Constitution, which provides a framework for the interpretation and computation of time. Applying this interpretative formula, they argue that the fifth year after the last general election commences on August 9, 2026.
The petition outlines the following breakdown of electoral years following the August 2022 election:
- 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
In light of the above, the petitioners contend that the next general election must take place on the second Tuesday of August 2026, which falls at the very beginning of the fifth year. Any deviation, they argue, would contravene the Constitution and compromise the legitimacy of the electoral process.
The petitioners further allege that the IEBC has failed to publicly declare its intent to adhere to the constitutional timeline for the next election cycle. They argue that this omission amounts to a dereliction of duty and poses a serious threat to the integrity of Kenya’s democratic governance.
They caution that conducting the presidential election on any date beyond the second Tuesday of August 2026 would unlawfully extend the current administration’s term and infringe upon the sovereign right of the people of Kenya to elect their leaders within the constitutionally prescribed timeframe.
Additionally, the petitioners invoke the provisions of the African Charter on Democracy, Elections and Governance, ratified by Kenya, particularly Articles 2(3), 2(13), 4, 5, 17, and 32(7).
They argue that any attempt to postpone elections beyond the constitutional limit would frustrate the holding of regular, timely elections and undermine the principles of democracy, the rule of law, human rights, and the right of people to freely participate in the governance of their country.
In conclusion, the petitioners request the Supreme Court to affirm the constitutional requirement for elections to be held in August 2026 and to issue appropriate directions to the IEBC to give effect to that requirement without delay.
The matter is now before the Supreme Court for consideration.
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Three Petition Filed in Court to Compel IEBC to Conduct General Elections in August 2026
