Ruto is now a temporary incumbent, Wanjigi says following court decision

Safina Party Leader called on President William Ruto to respect the Constitution following the High Court ruling on the date of the next General Elections, at his office in Nairobi.  [Maryann Muganda, Standard]

Lawyer Willis Otieno and Safina Party leader Jimi Wanjigi have urged President William Ruto and State institutions to respect the Constitution following a High Court ruling declaring August 11, 2026, as the date for Kenya’s next General Election.

The two said the court had settled the dispute over the constitutional timing of the election and argued that logistical challenges facing the Independent Electoral and Boundaries Commission (IEBC) could not be used to extend the political mandate of elected leaders.

Otieno said the Constitution required the presidential election to be held on the second Tuesday of August in every fifth year, arguing that August 11, 2026, was therefore the constitutionally prescribed date. Article 136(2)(a) indeed provides for a presidential election on the same day as the General Election, being the second Tuesday of August in every fifth year.

“This law, when faithfully applied, the presidential elections must be held this year on the 11th of August 2026, and that is what the court has today affirmed,” Otieno said.

The High Court, however, suspended implementation of the ruling to allow IEBC to address logistical and administrative challenges associated with conducting an election next week.

Otieno said the suspension should not be interpreted as permission for State officials to disregard the constitutional election calendar.

“The suspension as per the law should be that you conduct the elections within the shortest time possible to address the logistical and administrative challenges,” he said.

He also rejected the argument that an appeal would automatically allow the constitutional timeline to be ignored, saying an appeal should not become a mechanism for suspending constitutional provisions.

Wanjigi went further, arguing that Ruto’s powers would become restricted once the constitutionally prescribed election date passed.

Citing Article 134, Wanjigi said the President would become a temporary incumbent and would be barred from making certain appointments and dismissals, including appointing Cabinet secretaries, judges, ambassadors and other State officers.

Article 134 restricts a President or authorised person exercising presidential powers during temporary incumbency from exercising specified powers, including appointments or dismissals of Cabinet secretaries, State and public officers, judges and diplomatic representatives.

“Your time is over as of Tuesday,” Wanjigi said, arguing that the President could not continue exercising unrestricted powers after the election date.

Otieno said he and other petitioners had raised the election-timing issue publicly before filing a case in May 2025.

He also disputed the argument that elected leaders were automatically entitled to remain in office for five years from the date they assumed office, saying the Constitution establishes a fixed electoral calendar.

“The court has suggested a suspension of one year. As petitioners, we are asking the court that one year is one year too long,” Otieno said.

The ruling places IEBC at the centre of a constitutional and logistical dilemma as the commission weighs how quickly it can organise a nationwide election while the suspension remains in force.