Kenya Court Bans Early Campaigns, Orders Law Within a Year

• Jun 11, 2025

The High Court has declared that political campaigns in Kenya carried out before the official election period are illegal. This decision is a major blow to politicians already laying the groundwork for the 2027 general election.

In a ruling delivered amid increasing political activity, Justice Hedwig Ong’udi said early campaigns violate the law and go against the principles of fair and democratic elections. The judge explained that such premature activities infringe on several constitutional rights, including equality, legal protection, freedom from unrest, and the rule of law.

Justice Ong’udi directed the Attorney General to develop and enforce clear campaign laws within 12 months. These new laws must set exact dates for when campaigns can legally begin and end, ensuring all candidates have an equal chance and that the election process is not manipulated.

The case was filed by a non-governmental organisation focused on protecting the rights of vulnerable and marginalised groups in Kenya. The organisation raised concerns over legal loopholes that allow politicians to campaign unofficially for extended periods without any legal consequences. They also questioned the absence of laws clearly defining when campaigns should begin.

The court's decision comes at a time of rising political tension, especially between President William Ruto’s Kenya Kwanza coalition and a newly energised opposition linked to former Deputy President Rigathi Gachagua. Both sides have been engaging in rallies and political events that closely resemble campaign activity, particularly in key battleground areas.

These early events have featured sharp criticism of rivals and open appeals for public support, even though the official campaign season is still years away. With the High Court’s latest directive, such activities are now considered unlawful.

The Attorney General is expected to start by analysing the court’s judgment to identify legal and constitutional gaps. After this, a nationwide consultation process involving MPs, political parties, civil society, and electoral experts will take place. The aim is to create strong laws that ensure a fair and regulated campaign season for all.

This landmark ruling is expected to shift Kenya’s political dynamics. Politicians may have to rethink their campaign strategies, while enforcement agencies will need to step up efforts to implement the new legal framework once it is in place.

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