High Court Declares Early Campaigns Illegal
Political hopefuls have been given a blow as the High Court declared that campaigning held outside of the election period are illegal.
Amid mounting political tensions on both sides, the High Court suspended early campaigns, declaring that the practice violates the right to free and fair elections.
In the groundbreaking decision, Justice Hedwig Ong’udi also directed Attorney General Dorcas Oduor to develop clear legislation governing political campaigns within 12 months.
“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, principal of impartiality, right to development, principal of rule of law and free and fair elections,” the ruling read.
#hotoffthebench
— Joshua Malidzo Nyawa (@joshuamalidzo) June 10, 2025
Justice Hedwig Ong'udi finds that carrying out political campaigns outside the election period is unconstitutional. AG to enact a law within 12 months to govern campaigns
Access the decision here: https://t.co/LXLTfS4iFN pic.twitter.com/bnuPu61fRm
The court decision came in response to a petition filed by a non-governmental organisation dedicated to defending and promoting the rights of Kenya’s disadvantaged and marginalized individuals and communities.
The petitioners’ initial contention was that there were troubling legal gaps that facilitated early marketing.
They also wanted to know if there was a statute that regulated campaign periods.
The ruling came amid escalating tensions between political elites loyal to President William Ruto’s Kenya Kwanza administration and the new-look opposition led by former Deputy President Rigathi Gachagua.
In recent months, the two factions have been locked in a fierce battle to establish dominance and advance their separate agendas, particularly in areas where the vote could swing either way in the 2027 general elections.
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Notably, demonstrations whenever a well-known political leader is on the ground have been common, with the program primarily focused on criticizing the opposition.
The current High Court order is expected to start off a chain of events, with the Attorney General having less than a year to comply with the directive.
AG Oduor must first analyze the ruling to comprehend its legal ramifications and the specific constitutional flaws found by the court.
Stakeholder engagement will follow, with the AG likely to meet with Parliament, political parties, civil society organizations, and electoral reform specialists.
High Court Declares Early Campaigns Illegal
