NAIROBI — Kenya’s next general election should take place in August 2026, not August 2027 according to the position lawyer Willis Otieno has taken in a renewed legal challenge, citing clear constitutional wording and past precedent.
Otieno says Article 136(2)(a) of the Constitution is not up for interpretation. It states, “An election of the President shall be held on the second Tuesday in August, in the fifth year.” Not after five years. Not every five years. But in the fifth year.
“The Constitution doesn’t say after the fifth year,” Otieno told reporters. “It says in the fifth year. That’s very specific.”
He pointed to the 2017 general election as precedent. Former President Uhuru Kenyatta’s first term ended with elections held on August 8, 2017. That was just four years and five months into his first term, which began in April 2013. Parliament at that time served only four years and three months. Otieno argues that shows elections are held during the fifth year, not after it.
“This is not just about political convenience,” he said. “It’s about respecting the Constitution. Legacy politicians have sold the idea that they are entitled to five full years. But where does it say that?”
Otieno challenged the Law Society of Kenya (LSK) to clarify its position. “If the LSK president thinks I’m wrong, let her explain when Uhuru’s first election was held. It wasn’t after five years,” he said.
The legal dispute is already before the Supreme Court. Otieno confirmed that his team has filed a petition asking for a definitive interpretation of Article 136(2)(a). This comes after a previous case led by Senator Okiya Omtatah failed to convince the court.
“The judge didn’t address this specific article,” Otieno said. “Instead, the ruling focused on Article 177, which deals with Members of County Assembly. That sidesteps the main issue.”
Article 136 of Kenya’s Constitution governs the timing of presidential elections. It directs that elections must happen in the fifth year of a term. Otieno’s argument relies on a strict reading of that clause, rather than political assumptions or interpretations based on past legislative changes.
Constitution of Kenya
Article 136.Election of the president
(1) The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.
(2) An election of the President shall be held–
(a) on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year;
This legal push adds pressure to the Independent Electoral and Boundaries Commission (IEBC) and government bodies preparing for the 2027 cycle. If the court agrees with Otieno’s petition, Kenya could be forced to bring elections forward by one full year.
At the center of this case is a question of legal interpretation with national consequences: When exactly does a five-year presidential term end under Kenya’s Constitution?
Otieno says the answer is clear: “Read the text. The framers chose their words for a reason.”
