Health Cabinet Secretary Aden Duale has criticised a High Court judgment that sets the next presidential election for August 11, 2026, describing it as a misinterpretation and misapplication of the Constitution.
In a response released on Saturday, Duale, a former National Assembly Majority Leader and long-serving legislator, said Lady Justice Thande’s ruling “splits hairs” on the meaning of the words “fifth year” and “five years.” The court held that Article 136(2)(a) of the Constitution requires the presidential election to be held on the second Tuesday in August of every fifth year. Counting from the August 9, 2022, general election, the court calculated the fifth year as running from August 9, 2026, to August 8, 2027, making the second Tuesday August 11, 2026.
Duale rejected this reading. He noted that Article 136(2)(a) states an election of the President shall be held on the same day as a general election of Members of Parliament, “being the second Tuesday in August in every fifth year.” The Constitution, he said, intends the same election date for governors and Members of County Assemblies. Article 177(4) further clarifies that a county assembly shall be elected for a term of five years.
Reading the two provisions together, Duale argued, shows that the second Tuesday of August in the fifth year falls on August 10, 2027, completing a full five-year term. Interpreting the date as next week, he said, would force all elective offices to be vacated after only four years and two days—an “absurdity” that the Constitution never contemplated.
As former Majority leader and long time law maker, the judgment by Lady Justice Thande misinterprets and misapplies the Constitution by splitting hairs on the meaning of two simple words “fifth year” and “five years”.
The Court has held that Article 136(2)(a) of the Constitution…
— Hon. Aden Duale, EGH (@HonAdenDuale) August 8, 2026
Such an outcome, Duale maintained, would create premature vacancies and amount to the removal of elected leaders before the end of their terms in a manner not provided for by the Constitution. Constitutional interpretation, he added, cannot occur in a vacuum. Even if the text were silent, the history of Kenya’s constitutional development, the framework of the repealed Constitution, and the process that produced the 2010 Constitution all confirm that Kenyans expected five-year terms. Previous election cycles and public understanding, he said, reinforce this position.
“The judgment therefore falls flat on the face of the Constitution from all angles,” Duale concluded. He insisted that the court’s approach ignores the clear, self-speaking language of the supreme law and the consistent practice of five-year electoral cycles since independence.
The ruling has triggered intense debate over the length of the current terms of the President, Members of Parliament, governors and MCAs. Duale’s intervention underscores the government’s firm view that the next general election remains scheduled for August 2027.
