Renowned Kenyan lawyer Willis Evans Otieno has stirred up fresh constitutional debate after asserting that the next presidential election must be held in 2026, not 2027, as commonly anticipated.
In a detailed series of posts shared on April 18, 2025, Otieno referenced Article 136(2)(a) of the Kenyan Constitution, arguing that elections are mandated to occur “on the second Tuesday in August in every fifth year”—not after a full five-year term.
“That lands us on August 11, 2026. That’s your election date,” Otieno stated.
Constitutional Breakdown: 2026 Is Year Five
Otieno outlined a clear breakdown of how the years should be counted post the 2022 General Election, which took place on August 9, 2022.
- 2022: Year 1
- 2023: Year 2
- 2024: Year 3
- 2025: Year 4
- 2026: Year 5
According to him, this interpretation aligns strictly with Article 136 and should guide when the next elections are held.
A Fixed Timeline, Not a Flexible One
Otieno insisted that the Constitution sets a fixed timeline for elections, not a flexible term dependent on swearing-in dates.
“We talk of the fifth year, not after five years,” he emphasized while responding to critics on social media.
He added that previous election cycles back his argument. For instance, President Uhuru Kenyatta was sworn in on April 9, 2013, yet the next election was held on August 8, 2017, nearly nine months before the end of his official term under Article 142, which pegs a president’s term to five years from swearing-in.
“We’re a Republic, not a dynasty. If your only path to power is extending terms through calendar tricks, then you’ve already lost the people,” Otieno said.
Online Debate and Legal Disagreements
Otieno’s stance has sparked debate across social media, with supporters praising his legal interpretation and critics questioning the logic of using calendar years.
Economist Mohamed Welihye challenged Otieno, asking:
“Why are you assuming the 5th year is with reference to a calendar year? Have courts interpreted what ‘year’ means?”
Otieno replied by referring to Article 259(3)(c), which helps guide constitutional interpretation:
“To arrive at year one you count from 9th Aug 2022 to 23:59 on 8th Aug 2023… so the fifth year runs from 9th Aug 2026 to 8th Aug 2027.”
What the Constitution Says
According to Article 136 of the 2010 Constitution:
“An election of the President shall be held on the same day as a general election for Members of Parliament, being the second Tuesday in August in every fifth year.”
This is reinforced by Article 101(1), which states:
“A general election of Members of Parliament shall be held on the second Tuesday in August in every fifth year.”
What Next?
Otieno’s remarks have re-ignited constitutional discourse on how Kenya should interpret its electoral timeline. While some await clarity from legal institutions or amendments, the conversation highlights the need for judicial interpretation to resolve ambiguity around election timelines.