Published on May 27, 2025 by Agencies for Kenya Online News
Last Updated on 1 year by Agencies for Kenya Online News
A constitutional petition seeking to compel the government to hold the next General Election on Tuesday, August 11, 2026 — in line with what he argues is the constitutionally mandated date under the 2010 Constitution has been filed in court.
In the case filed at the Milimani High Court, Bryson Mangla from Kajiado West sub-county claims there is a real threat that key constitutional provisions — including Articles 101(1), 136(2a), 177(1a), and 180(1) — may be violated by the failure of relevant authorities to enable the timely holding of the elections.
“That time is running out because the nation has only 14 months to go before participating in the general elections envisaged on August 11, 2026,” reads court papers.
He further argues that extending the current term beyond August 2026 would infringe on the rights of voters under Article 38(2) and contends that the previous five-year term was repealed when the 2010 Constitution came into effect, effectively establishing a four-year electoral cycle.
Describing the 2027 election date as unconstitutional and equating it to an “act of treason,” Bryson warns that public officers who may enable such an outcome risk prosecution and even capital punishment if convicted under the Penal Code.
The petition seeks several declarations and orders from the court, including a pronouncement that the General Elections for Members of Parliament, President, Governors, and Members of County Assemblies be held on August 11, 2026 — the second Tuesday of the month.
He also wants the electoral commission ordered to begin preparations for that date and the National Treasury compelled to allocate sufficient funds for the exercise within the current and next financial years.
The petitioner claims he had previously issued a memorandum dated April 30, 2025 warning of the constitutional risks involved but received no response from the authorities.
“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,” adds court papers.
