Justice Mugure Thande ruled that the Independent Electoral and Boundaries Commission (IEBC) would contravene the Constitution by holding 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 court held that presidential elections must take place in the fifth year rather than after the fifth year, and further stated that the Constitution does not guarantee the President a full five-year term in office.
Justice Thande ruled that the next presidential election should be held in August 2026, not 2027, although she suspended the ruling.
