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Kenya: Voter Sues Government to Bring Forward General Election Date to 2026 As per Constitution

Nairobi Wire Avatar
Nairobi Wire
May 28, 2025
Kenya: Voter Sues Government to Bring Forward General Election Date to 2026 As per Constitution
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A Kenyan citizen has taken legal action to compel the government to conduct the next General Election on Tuesday, August 11, 2026, claiming this is the constitutionally mandated date under the 2010 Constitution.

Bryson Mangla, a resident of Kajiado West sub-county, filed the petition at the Milimani High Court, warning that failing to hold the election on that date would violate multiple provisions of the Constitution — including Articles 101(1), 136(2a), 177(1a), and 180(1).

Voter Rights at Risk
Mangla argues that Kenya faces a real threat of constitutional violations if authorities do not act promptly to prepare for the 2026 polls.

“Time is running out because the nation has only 14 months left before the general elections envisioned on August 11, 2026,” state his court papers.

He insists that extending the current term beyond that date would infringe upon voters’ rights under Article 38(2). He also argues that the 2010 Constitution replaced the five-year electoral term with a four-year cycle, and therefore the 2027 date is legally invalid.

Calls 2027 Election an “Act of Treason”
Mangla labels the planned 2027 election date as “unconstitutional” and equates it to an “act of treason”, warning that public officers who support or enable such a timeline risk prosecution and even capital punishment if convicted under the Penal Code.

He urges the judiciary to intervene and issue binding declarations to protect constitutional integrity and voter rights.

Petitioner Seeks Binding Court Orders
In his petition, Mangla asks the court to issue the following orders:

Declare that elections for President, Members of Parliament, Governors, and County Assemblies must take place on August 11, 2026, the second Tuesday of the month.
Compel the Independent Electoral and Boundaries Commission (IEBC) to begin preparations immediately for the 2026 elections.
Direct the National Treasury to allocate sufficient funding for the exercise in both the 2025/2026 and 2026/2027 financial years.
Mangla claims that he had issued a memorandum on April 30, 2025, warning relevant institutions about the constitutional dangers of pushing elections to 2027, but received no response.

“An order that the CS National Treasury should provide IEBC with adequate funds in this financial year 2025/2026 and the next financial year 2026/2027 to facilitate the said election on Tuesday 11/08/2026,” the court papers further read.

Source: Nairobi Wire

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