Health Cabinet Secretary Aden Duale has revealed that holding the general election in 2026 would prematurely terminate the constitutional terms of all elected leaders in the country.
The Health CS made the remarks while rejecting the Malindi High Court ruling by Lady Justice Mugure Thande, which placed the next presidential election on August 11, 2026, instead of 2027.
In a statement on Saturday, August 8, 2026, Duale said the ruling misinterpreted the Constitution by treating the phrase ‘fifth year’ as distinct from the five-year term served by elected leaders.
“The judgment by Lady Justice Thande misinterprets and misapplies the Constitution by splitting hairs on the meaning of two simple words, ‘fifth year’ and ‘five years’,” Duale stated.
The CS argued that the interpretation would mean the president, governors, MPs and Members of County Assemblies would leave office after about four years and two days instead of completing a five-year term.
“To interpret that the date is next week would mean all elective positions would be vacated after exactly just 4 years and 2 days, which is an absurdity,” he said.
Duale further argued that the Constitution was designed to ensure that elections for the President, Parliament and county governments are conducted within the same electoral cycle.
Additionally, he claimed that Kenyans never submitted to be electing their elective leaders after every 4 years and 2 days, insisting that the next General Election should take place in 2027 after the completion of the current five-year electoral cycle.
