NAIROBI, Kenya — Political campaigns conducted outside the official election window are unconstitutional, the High Court has ruled in a decision that could reshape Kenya’s political calendar.
A three-judge bench — Justices Hedwig Ong’udi, Patricia Gichohi, and Heston Nyaga — declared on Tuesday that premature campaigning undermines key constitutional rights and principles, including equality, fairness, and the rule of law.
The case, filed as a public interest petition, challenged the widespread practice of early political mobilization long before the Independent Electoral and Boundaries Commission (IEBC) officially declares the campaign period.
In their unanimous ruling, the judges said early campaigns skew the democratic playing field in favour of wealthy or well-connected candidates and subject the public to prolonged periods of political tension.
“Election campaigns, by their very nature, have the potential to impact negatively on the citizens of this country,” the bench noted. “There is no doubt that the election period is characterised by heightened political tensions, suspicions, negative profiling, and a general slowdown of the economy. As such, this political season should not be a continuous situation.”
The court ruled that these premature activities violate multiple constitutional provisions, including the right to equality, freedom from violence, and the right to free and fair elections.
The judgment cited Article 27 of the Constitution, which guarantees equal protection and benefit of the law, as a key principle being eroded by unregulated early campaigns.
The petitioners, whose identities were not immediately disclosed, argued that constant politicking disrupts everyday life, fuels divisions, and undermines national cohesion.
They pointed to incidents of violence and property destruction linked to early campaign activities, as well as the undue advantage enjoyed by politicians who ignore legal boundaries.
In a significant directive, the court ordered the Attorney General to spearhead the drafting of legislation within 12 months to explicitly regulate campaign timelines and impose penalties for violations.
Legal experts say the ruling could have far-reaching implications for political behaviour in Kenya, where electioneering often begins just months after a general election ends.
It now falls to Parliament and the electoral commission to implement the court’s guidance and close what many see as a dangerous loophole in Kenya’s democratic process.
