Political hopefuls have received a major setback after the High Court declared that campaigning before the official election period is illegal and violates the law.
The ruling, delivered amid growing political tension in the country, stressed that early campaigns threaten the principles of fair elections.
In a significant judgment, Justice Hedwig Ong’udi ruled that carrying out political campaigns outside the designated election window undermines democratic rights.
She stated that such actions violate several constitutional rights, including the right to equality, protection under the law, freedom from political unrest, development rights, and the principles of impartiality and the rule of law.
Justice Ong’udi further directed the Attorney General, Dorcas Oduor, to draft and implement clear and enforceable laws regulating political campaigns within the next 12 months.
According to the judge, these laws should define when campaigns can legally begin and end to ensure fairness in Kenya’s electoral process.
The court’s decision came after a petition was filed by a non-governmental organisation dedicated to protecting the rights of vulnerable and marginalised groups across Kenya.
In their case, the organisation raised concerns about existing legal loopholes that have allowed politicians to campaign unofficially for long periods without facing any consequences.
They also questioned whether any laws currently exist to regulate the timing of political campaigns.
This ruling comes at a time when political temperatures are rising, especially between allies of President William Ruto’s Kenya Kwanza coalition and the resurgent opposition, now reportedly being reorganised under former Deputy President Rigathi Gachagua.
In recent months, both camps have been engaging in fierce political competition, particularly in battleground areas where voter support remains unpredictable ahead of the 2027 general elections.
Political leaders from both sides have increasingly held rallies that resemble campaign events, often using such platforms to criticise their opponents.
These early campaign-style activities have become common, with well-known politicians touring various regions and making politically charged speeches aimed at gaining public support.
With the High Court’s latest decision, significant changes are expected in Kenya’s political landscape. The Attorney General now has a strict timeline to act on the court’s directive.
The process will begin with a thorough review of the court’s judgment to understand all legal issues and constitutional gaps pointed out by the court.
Following the legal analysis, the Attorney General will be required to lead a broad consultation process involving key stakeholders. These include members of Parliament, political party representatives, civil society organisations, and experts in electoral reforms.
The goal will be to come up with comprehensive laws that guide when and how political campaigns can be carried out, ensuring all candidates compete on a level playing field.
This ruling is likely to cause ripples across the political scene, as many politicians have already been laying the groundwork for 2027 campaigns.
With new legal restrictions expected, aspirants may now be forced to reconsider their strategies and timing, while authorities will need to put in place mechanisms to enforce the court’s directive effectively.
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