NAIROBI, Kenya Aug 8 – Health Cabinet Secretary Aden Duale has criticised a High Court decision placing Kenya’s next General Election on August 11, 2026.
Duale argues that the Constitution must be interpreted as a whole rather than by isolating the words “fifth year” from provisions establishing the duration of elected terms.
According to Duale, Article 136(2)(a) should be read alongside Article 177(4), which expressly provides for a five-year term for county assemblies.
He says the interpretation that places the election on August 11 this year would mean elected leaders serve only four years and two days from the August 9, 2022 election.
Duale argues that this would be inconsistent with the Constitution and could result in the creation of vacancies before the expiry of the legally prescribed terms.
Duale who served as the National Assembly Majority Leader between 2013 and 2022 challenged the interpretation of the phrase ‘fifth year’ used by the High Court in determining Kenya’s election date.
He says the court’s calculation, which places the next General Election on August 11, 2026, amounts to an erroneous application of the Constitution.
The CS argues that the period from August 9, 2022 to August 8, 2027 constitutes five years and that the constitutional framework was not designed to provide for elections after four years and two days.
