Why Kenyan Lawyer Wants the Next Presidential Election in 2026 and Not 2027

Kenyan lawyer Willis Evans Otieno has shared a detailed breakdown on why the next presidential election should be held in 2026.

In a series of posts shared on April 18, 2025, Otieno emphasized that elections must take place in the fifth year, not after five years, as stipulated in the Constitution.

“Article 136(2)(a): An election of the President shall be held on the second Tuesday in August in every fifth year,” he quoted, underscoring that the law sets a fixed timeline, not a flexible one.

Further, he gave a breakdown on how the years should be counted, starting from the 2022 election year. 

Willis Evans Wants Elections to be Held in 2026

According to Otieno, 2022 marks Year 1, followed by 2023 (Year 2), 2024 (Year 3), 2025 (Year 4), and 2026 as Year 5. 

This, he argued, aligns precisely with Article 136(2)(a), which sets the presidential election date on the second Tuesday of August in the fifth year. 

“That lands us on August 11, 2026. That’s your election date,” he added.

He said that the specific provision governing presidential election dates is Article 136, which clearly states that elections must be held on the second Tuesday of August in the fifth year. According to him, this timeline is not optional or flexible but a constitutional directive that takes precedence over general provisions.

At the same time, some have pointed to Article 142, which states that a President serves a five-year term from the date of being sworn in.

Background of Other Elections

Additionally, Willis Otieno stated that President Uhuru Kenyatta was sworn in on April 9, 2013, and he was expected to serve until April 2018, according to Article 142.

However, elections took place on August 8, 2017, a full nine months before his term under Article 142 would have ended.

During President Uhuru Second term, he was sworn in on November 28, 2017, following a repeat election and the next election was held on August 9, 2022, just 4 years and 9 months into his second term.

According to Article 136, this was perfectly in line with the Constitution, which fixed elections in the fifth year, not after a full five-year term.

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Willis Calls for Fair Dates in Elections

“We’re a Republic, not a dynasty. If your only path to power is extending terms through calendar tricks, then you’ve already lost the people,” he said.

According to him, anyone who insists that the next election should be held in 2027 is either playing politics with the Constitution or failing to acknowledge how the Constitution was applied in both 2017 and 2022.

Evans Otieno argument challenged 

Kenyans took to his social media post, with many criticizing his opinion, while others expressed support and agreed with Willis Evans.

Economist Mohamed Welihye commented on his post, challenging his assumption that “the 5th year” stipulated in the constitution refers to a calendar year. 

“Why are you assuming the 5th yr is with reference to a calendar year? Have courts interpreted what ‘year’ means?” Welhye posed a question.

In his response, Willis said that he used the electoral calendar which “runs from 9th Aug 26-8th Aug 27 as its fifth year”.

“We conduct elections on the second Tuesday of August in the fifth year,” he emphasized. 

“From second Tuesday of August 2022 to Second Tuesday of August 2023 is one year?” asked X user Raymond Otieno.