CS Aden Duale
Health Cabinet Secretary Aden Duale has criticised a recent High Court decision on Kenya’s election cycle, arguing that it misreads constitutional provisions and risks creating a governance crisis.
In a detailed statement issued Saturday, Duale—who previously served as National Assembly Majority Leader—took issue with Justice Mugure Thande’s interpretation of Article 136(2)(a), which led the court to conclude that the next General Election ought to fall in August 2026 rather than 2027.
The court’s reasoning hinges on the phrase “fifth year,” calculating the election date as the second Tuesday within the fifth year following the August 9, 2022 polls.
By that interpretation, the fifth year runs from August 9, 2026 to August 8, 2027, placing the election date on August 11, 2026.
However, Duale rejected that reading, describing it as a narrow interpretation that “splits hairs” between the terms “fifth year” and “five years.”
He argued that the Constitution, when read holistically, clearly envisages a full five-year electoral cycle for all elected offices.
“The Constitution provides that elections are held on the second Tuesday in August in every fifth year, alongside those of Members of Parliament,” he said.
“This must be read together with provisions relating to other elective offices, including county assemblies, which explicitly set a five-year term.”
Duale pointed to Article 177(4), which stipulates that Members of County Assembly serve for five years, arguing that the same principle applies across all elective positions.
In his view, aligning election dates earlier than August 2027 would effectively shorten the tenure of elected leaders to just over four years—an outcome he termed inconsistent with constitutional intent.
He further warned that implementing the court’s interpretation would create vacancies in elective offices and amount to premature removal of leaders outside the mechanisms предусмотрed by law.
Beyond the textual argument, Duale emphasised the importance of historical and contextual interpretation.
He said Kenya’s constitutional framework, including past electoral cycles and the 2010 Constitution-making process, supports a five-year term structure.
“It is a matter of public record that Kenyans have consistently elected leaders on a five-year cycle,” he noted, adding that any deviation would contradict both precedent and public expectation.
Justice Thande’s ruling, while declaring the 2027 election timeline unconstitutional, stopped short of compelling an immediate shift to 2026 polls.
The court suspended the effect of its decision, citing practical constraints, leaving the matter open to further legal and political contestation.
Duale maintained that the judgment “falls flat” when tested against the broader Constitution, setting the stage for potential appeals and continued debate over Kenya’s electoral calendar.