‘Paka Mielo Disco’ lawyer sparks fifth year election controversy » Capital News
NAIROBI, Kenya, Apr 19 — Constitutional lawyer Willis Otieno has sparked fresh debate the next presidential election asserting that the State House race should be held in August 2026—not 2027 as widely expected.
Citing Article 136(2)(a) of the Constitution, Otieno argues that the requirement presidential elections occur “on the second Tuesday in August, in every fifth year,” overrules the expectation that a presidential term should last a maximum five years.
He emphasizes that the phrase “in every fifth year” means elections should be held within, not after, the fifth year following the last election.
“The Constitution is very clear—elections are to be held in the fifth year, not after five years. That means August 2026, not 2027,” Otieno argued in a post on Friday.
Otieno, known from his famous ‘paka mielo disco‘ rant during the 2022 presidential election petition at the Supreme Court, argued that having held an election on August 9, 2022, Kenya should hold the next election on August 11, 2026—the second Tuesday of August in the fifth year since the last poll.
“We have a constitutional calendar, not a political one. The idea that we can extend terms based on swearing-in dates goes against the letter and spirit of the Constitution,” he stated.
The lawyer also drew on historical precedents to support his claim, noting that President Uhuru Kenyatta assumed office on April 9, 2013, yet the next election occurred on August 8, 2017—before the completion of a five-year term.
A similar pattern followed Kenyatta’s second term, which began on November 28, 2017, but ended with elections held on August 9, 2022.
Presidential term
Otieno’s stance has reignited discussions about the tension between Article 136, which governs election dates, and Article 142(1), which outlines presidential terms.
Critics argue that the five-year term of a president should guide the electoral timeline, potentially pushing the next election to 2027 to complete the full term from the 2022 swearing-in.
Economist Mohamed Wehliye, among others, challenged Otieno’s interpretation.
“Is the fifth year a calendar year or does it refer to the fifth anniversary of the election? A strict reading would require judicial interpretation,” he contended.
Otieno remained firm in his view, warning against what he calls “term extension by calendar manipulation.”
“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 declared.
It was not clear whether Otieno would move to the Constitutional Court for judicial interpretation to clear the matter.