Lead image for One-term or two-term D-day ought to have been next Tuesday, not 2027, court rules.
Kenyans ought to have decided whether it is one term or two terms for President William Ruto on Tuesday next week, not next year, the High Court has declared.
Justice Mugure Thande, in her verdict on when the election cycle ends and starts, said that from the 2010 Constitution, the fifth year ought to have been August 8, 2026.
She further said that the Independent Electoral and Boundaries Commission (IEBC) ought to have conducted the 2022 general election in 2021; hence, the duel was unconstitutional.
Justice Mugure was of the view that holding the next general election other than August 11, 2026, will be also a violation of the Constitution and undermines the rule of law.
“Holding the said election on a date other than 11th August 2026 constitutes a violation by the second respondent of the express provisions of Article 136(2)(a) of the Constitution, and the same will be invalid. The second respondent has further contravened the provisions of Article 3 which enjoins it to respect, uphold and defend the Constitution.”
“The conduct of the second respondent also contravenes the provisions of Article 136(1) which states that the President shall be elected by registered voters in a national election conducted in accordance with the Constitution and any Act of Parliament regulating presidential elections.
Additionally, failure by the 2nd Respondent to adhere to the said provisions, undermines the rule of law, which is one of the national values and principles of governance enshrined in Article 10,” she said.