The Lower Eastern Times Opening The Third Eye
President William Ruto has admitted he understands the constitutional fallout from a High Court decision stating Kenya’s next presidential election should have taken place in August 2026, not 2027 as previously assumed.
At the 16th Katiba Day symposium at KICC on Thursday, a panelist directly asked Ruto whether he realized the ruling had rendered his Cabinet unconstitutional. He acknowledged the court’s finding, saying he recognized it as something he still needs to address going forward.
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The controversy stems from a ruling by Malindi High Court Judge Mugure Thande, who determined that the five-year term following the 2022 General Election actually began on August 9, 2026 — meaning the constitution required a new presidential election on the second Tuesday of that month, which she calculated as August 11, 2026. According to her interpretation of Article 136(2)(a), the election should occur during the fifth year after the previous vote, not once that year has fully passed.
Despite the significance of this finding, Justice Thande put a hold on enforcing her ruling to prevent disruption and to give room for appeals, meaning no election was triggered and Ruto’s government remained in place.
The Cabinet question also touched on the long-unmet constitutional requirement that no more than two-thirds of appointees be of the same gender. Ruto described this as an ongoing effort, noting he had already submitted proposals to Parliament and that progress was being made gradually.
Beyond the Cabinet issue, Ruto used the occasion to stress his loyalty to the constitution, describing his 2022 oath of office as a genuine commitment rather than a formality — one that obligates him to account for how he wields presidential power. He tied this to the promises he made while campaigning, framing them as commitments he owes the Kenyan public.
His broader remarks focused on how the constitution both limits and organizes government authority — checking abuses of power on one hand while enabling lawful governance on the other. He added that when the government oversteps its legal bounds, it has a duty to comply with court rulings and adjust its actions accordingly.
