The Supreme Court’s Advisory Opinion delivered in September 2025 has clarified that there is currently no constitutional crisis regarding the lapse of constitutional timelines, according to Health Cabinet Secretary Aden Duale.
“The Supreme Court's Advisory Opinion did not resolve the question about what happens when the constitutional timelines lapse,” CS Duale explained.
He emphasized that the Court’s September ruling was constrained by the timing of the petition.
In paragraph 64 of the Advisory Opinion, the judges noted that the matter had been brought before the Independent Electoral and Boundaries Commission (IEBC) was fully constituted, limiting the Court’s ability to provide comprehensive guidance.
As a result, the Court directed that once a new IEBC is in place, the Commission should return to the Court and seek a fresh advisory opinion on the issue.
“This means the question of timelines is still open and awaiting proper legal guidance from the Court when the newly constituted IEBC makes that request,” CS Duale said.
The CS underscored that the Constitution itself provides a lawful path for addressing such procedural uncertainties, and the Supreme Court has already outlined how that path should be followed.
“There is therefore no constitutional crisis,” he added.
The Apex Court’s guidance reinforces the role of the IEBC as the primary institution responsible for electoral administration.
By requiring the Commission to seek a renewed opinion once fully constituted, the Court aims to ensure that any interpretation of constitutional timelines is informed by a fully operational electoral body.
This approach underscores the importance of adhering to constitutional processes and institutional frameworks, rather than rushing to political conclusions in the absence of complete legal guidance.
CS Duale’s statement comes amid heightened public discussion about the implications of constitutional timelines for electoral processes.
By emphasizing the lawful route outlined by the Constitution and the Supreme Court, the government seeks to reassure Kenyans that the electoral system remains robust and capable of managing procedural challenges.
The Supreme Court’s Advisory Opinion, therefore, acts as both a roadmap and a safeguard, ensuring that any legal ambiguities are resolved in consultation with the appropriate institutions and in line with Kenya’s constitutional framework.
