NAIROBI, Kenya, Aug 8 – The former Law Society of Kenya (LSK) president Faith Odhiambo has urged Kenyans to approach the Malindi High Court judgment on the 2026 presidential election timeline with calm, saying the ruling should not be interpreted as triggering a constitutional crisis or an immediate change of government.

📻 Breaking It Down

Odhiambo said the judgment was a serious interpretation of constitutional provisions on electoral timelines but stressed that the court’s actual orders must be distinguished from its findings.

Odhiambo said the court held that Article 136(2)(a), which provides for a presidential election on the second Tuesday of August “in every fifth year”, means the election should be held in the fifth year and not after it.

Based on the court’s computation under Article 259(5)(c), she said, the date in question was August 11, 2026.

📌 What You Need to Know

However, Odhiambo noted that the court did not order the Independent Electoral and Boundaries Commission (IEBC) to hold an election immediately, despite its finding on the constitutional timeline.

She said the court declined to issue a mandatory order after finding that an immediate election was logistically impossible and could result in national instability.

“More importantly, the Court suspended the declaration of invalidity until after the next general election, expressly so that IEBC may correct the defect,” Odhiambo said.

She argued that the suspended remedy should not be interpreted as creating a vacuum in government or removing the President from office.

“A suspended remedy is not an invitation to manufacture a vacuum in government,” she said.

Odhiambo further said the judgment did not convert the presidency into a caretaker arrangement or restrict the exercise of presidential powers.

📰 Source: Capital FM Kenya