Constitutional lawyer Willis Otieno has recently ignited a national debate by asserting that Kenya’s next presidential election should occur in August 2026, not 2027.
He bases this claim on Article 136(2)(a) of the Constitution, which mandates that presidential elections be held “on the second Tuesday in August in every fifth year.” Given that the last election took place on August 9, 2022, Otieno argues that the subsequent election should be scheduled for August 11, 2026, aligning with the constitutional timeline.
Otieno emphasizes that the Constitution specifies elections to occur “in the fifth year,” not after completing five full years. He illustrates this by counting 2022 as Year 1, making 2026 the fifth year. He also references historical precedents, noting that President Uhuru Kenyatta’s terms did not complete full five-year cycles before subsequent elections were held.
However, this interpretation has faced criticism. Economist Mohamed Wehliye questions whether the “fifth year” refers to a calendar year or the fifth anniversary of the election, suggesting that a strict reading would require judicial interpretation.
Otieno counters that adhering to a fixed electoral calendar prevents “term extension by calendar manipulation,” arguing that the Constitution’s clarity on election timing should not be overridden by political considerations.
