Constitutional lawyer Willis Otieno has reiterated his position that Kenya’s next general election, including the presidential poll, should be conducted in August 2026 and not in 2027, arguing that the Constitution is explicit on the timing.

In a post shared on X on January 15, 2026, Otieno stated, “I maintain that Kenya’s next general election must be held in August 2026, not 2027.”

He based his argument on the wording of Article 136(2)(a) of the Constitution, which provides for the timing of presidential elections.

Provision of Article 136

Otieno explained that the Constitution clearly states when elections should be held. “Article 136(2)(a) of the Constitution is explicit: a presidential election shall be held on the second Tuesday in August in every fifth year. The Constitution does not say after five years. It says in the fifth year,” he said.

He argued that interpreting the provision to allow elections in 2027 would amount to extending the term beyond what the Constitution allows. “A term that runs beyond August 2026 spills into a sixth year, which the Constitution does not permit,” Otieno wrote.

He further warned against the flexible interpretation of constitutional timelines, stating that constitutional timelines are not elastic and that political convenience cannot override the clear constitutional text. According to Otieno, strict adherence to the wording of the Constitution is necessary to uphold its supremacy.

Call for constitutional compliance

Concluding his statement, the lawyer said respect for the Constitution demands adherence to the stated timelines. “If we respect the supremacy of the Constitution, then elections must be held in August 2026,” he said.

Otieno’s remarks are consistent with his earlier statements on the issue. In a post shared in May 2025, he said, “The Constitution says in every fifth year, meaning inside the fifth year, not after five years, and not once every five years! The fifth year after the 2022 election is 2026, not 2027. Stop twisting plain English. The law is clear: elections are due in August 2026!”

Clarifying computation of dates

He has also previously outlined the specific date he believes the election should be held. “2026 is the year of Kenya’s next General Election; as per Article 136(2)(a) of the Constitution, the date is Tuesday, 11th August 2026. The law is clear; let no one lie to you,” Otieno stated in an earlier post.

In further explanations, Otieno said the last General Election was held on August 9, 2022, and that the fifth year begins on August 9, 2026. “The second Tuesday of August 2026 falls on 11th August 2026, which squarely falls within the fifth year,” he said.

He has maintained that Article 136(2)(a) sets a fixed electoral cycle, arguing that elections must be held within the fifth year following the previous poll, rather than after the completion of a full five-year term.