Supreme Court throws out bid to hold polls in 2026
Courts
By
Kamau Muthoni
| Aug 16, 2025
The Supreme Court has dismissed a case filed by a lawyer and two human activists seeking to have the next general election be carried out next year in August.
Chief Justice Martha Koome, her deputy Philomena Mwilu and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko said yesterday that the apex court has no powers to entertain pre-election disputes directly.
They observed that there were similar cases filed by Third Way Alliance Party leader Ekuru Aukot, and another by former Kilome MP Harun Mwau over when should the next general election be held.
According to them, the Supreme Court has no power to determine or rule on a presidential election before an election is held and a dispute is filed.
“The jurisdiction of this Court under Article 163(3)(a) of the Constitution is an exclusive original jurisdiction, only triggered after a petition under Article 140 of the Constitution has been filed and any decision made under Article 140(1) must be limited to the consideration whether a president- elect has been properly elected; and that the said jurisdiction is sacred and cannot be invoked to address pre-election disputes including the determination of the date of the next presidential election as is alleged by the applicant,” the bench headed by Justice Koome ruled.
The case was filed by Dr Owiso Owiso, Khelef Khalifa and Ashioya Biko.
They were asking the Supreme Court to compel the Independent Electoral and Boundaries Commission (IEBC) to hold the next presidential election in August next year and not 2027 as currently scheduled.
The trio argued that the Constitution requires presidential elections to be held within the fifth year following the last general election.
They pointed to Article 136(2)(a) of the Constitution, which states that a presidential election must be held on the second Tuesday in August in the fifth year.
With the last election held on August 9, 2022, they say the next poll should take place on August 11, 2026.
“We urge the court to declare that the fifth year from the last election begins on August 9, 2026,” the court heard.
According to them, any attempt to hold the election after this date would breach constitutional timelines and render the process invalid.
“Consequently, as guided by article 136(2)(a) of the Constitution which require the next presidential election to be on the second Tuesday of the fifth year, which fifth year begins on August 9, 2026, Kenya’s next presidential election must be held on the second Tuesday of August 2026, being the fifth year,” said Dr Owiso.
They were also asking 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.
According to the petitioners, the breakdown of the years following the recent presidential elections held in August 9, 2022, are as follows:
Year one, from August 9, 2022, to midnight August 9, 2023, year two from August 9, 2023, to midnight August 9, 2024, year three, from August 9, 2024, to midnight August 9, 2025, year four from August 9, 2024, to midnight August 9, 2026 and year five, from August 9, 2026, to midnight August 9, 2027.