The Independent Electoral and Boundaries Commission (IEBC) has explained why the 2027 General Election will be held as scheduled on August 10, 2027, despite a High Court ruling that declared August 11, 2026, as the constitutional election date.
Speaking during an interview with Citizen TV on Sunday, August 23, IEBC Commissioner Ann Nderitu explained that the court suspended the implementation of its decision until after the 2027 General Election.
Nderitu noted that the judgment allows the electoral commission to continue preparing for the 2027 polls in line with the existing electoral calendar.
"There were several cases that were filed on the issue of election date. The court has a right to make their judgment and their decision because they interpret the law," Nderitu stated.
Adding "The same judgment suspended the implementation of the same to be done after the 2027 General Elections, meaning that we are in compliance with the judgment and also the law to say that elections is on August 10, 2027."
The High Court ruling focused on the constitutional interpretation of presidential election timelines, with the court holding that elections should take place during the fifth year rather than after the completion of a full five-year term.
The court consequently found that August 10, 2027, was unconstitutional because it would place the election at the end of the fifth year, instead of on the second Tuesday of August in the fifth year as provided for under the Constitution.
It also ruled that the Constitution does not guarantee a president a complete five-year term in office.
In its August 7 ruling, the Malindi High Court found that IEBC would violate the Constitution by conducting the presidential election on August 10, 2027.
“A Declaration is hereby made that holding the next presidential election on any date other than the second Tuesday in August 2026 will violate and contravene Articles 2, 3, 10, 136(1) & (2)(a), 142(1), 24, 25(1) & (5) of the Constitution, and will consequently be null and void," Justice Mugure Thande said on Friday, August 7, 2026.
The decision sparked renewed debate over when the next presidential election should be held and how constitutional provisions governing the presidential term should be interpreted.
Despite the ruling, Nderitu maintained that IEBC remains guided by the prevailing legal position and will continue preparations for the August 10, 2027, General Election.
She further explained that implementation of the High Court decision would only take place after the 2027 polls, as directed in the judgment.
IEBC's current schedule provides that the General Election will take place on Tuesday, August 10, 2027. Voters will elect the president, senators, members of the National Assembly, county women representatives, governors and members of county assemblies.
Political parties are required to submit details of their authorised persons to IEBC by October 15, 2026. Their nomination rules must be certified by October 30 and submitted to the commission by November 6, 2026.
