High Court Declares Early Campaigns Illegal, Orders New Election Law Within a Year

 

By Linda Muhanji

Political aspirants and parties have been dealt a significant blow following a landmark High Court ruling that declared early election campaigns unconstitutional and ordered the Attorney General to develop new legislation regulating political campaigning timelines.

In a decision expected to reshape Kenya’s political landscape, Justice Hedwig Ong’udi ruled that engaging in political campaigns outside the officially designated election period undermines key constitutional rights — including the right to equality, impartiality in governance, freedom from unrest, and the right to free and fair elections.

“A declaration is hereby made that carrying out of political campaigns outside the election period violates the right of equality and equal protection of the law, the right to life, freedom from unrest, the principle of impartiality, right to development, the rule of law, and the right to free and fair elections,” Justice Ong’udi stated in her judgment.

The ruling stems from a petition filed by a civil society organisation advocating for the rights of vulnerable and marginalised communities, which raised alarm over increasing political activity taking place well before the official campaign window opens.

The court noted that the absence of clear legal guidelines on campaign timelines has created loopholes, allowing politicians to hold rallies, distribute branded materials, and engage in political mobilization under the guise of development tours — blurring the line between governance and politicking.

With political temperatures already rising ahead of the 2027 general elections, the judgment is expected to have wide-reaching implications, particularly for President William Ruto’s Kenya Kwanza coalition and the revitalised opposition under former Deputy President Rigathi Gachagua. Both camps have been actively traversing key battleground regions in what many have interpreted as premature campaign efforts.

Attorney General Dorcas Oduor has been given 12 months to act on the directive. She is expected to begin by reviewing the court's findings and initiating consultations with key stakeholders — including Parliament, the Independent Electoral and Boundaries Commission (IEBC), political parties, legal experts, and civil society — to draft comprehensive legislation that clearly defines the start and end of campaign periods.

Legal experts have welcomed the ruling, calling it a much-needed step toward electoral reform and the depoliticization of public office.

“This is a progressive decision. It restores sanity to the political environment and ensures a level playing field for all candidates,” said constitutional lawyer Prof. Kanyi Wambua.

Observers believe the ruling may also ease political fatigue among citizens and reduce the misuse of state resources for political gain, especially in the years between elections.

June 11, 2025