The Constitutional Court has clarified that terms served in office under the 1995 Constitution will not be taken into account when applying the new constitutional restrictions. The decision effectively opens the door for Kassym-Jomart Tokayev to stand again in the presidential election in 2029.
WHAT THE CONSTITUTIONAL COURT DECIDED
The Court considered the President's appeal for an official interpretation of Article 43, paragraph 1, Article 72, paragraphs 2 and 3, Article 83, paragraph 1, and Article 84, paragraph 3 of the Constitution of 15 March 2026.
The question was whether individuals who held corresponding offices under the 1995 Constitution could be re-elected or reappointed after the new Constitution came into force.
WHY THIS IS IMPORTANT
The Constitutional Court concluded that the restrictions provided for by the 2026 Constitution apply only to elections and appointments that took place after it came into force.
Furthermore, the terms spent in the relevant offices during the period of the previous Constitution are not taken into account when applying the new restrictions.
WHAT THIS MEANS FOR THE ELECTION
The Court clarified that the first election or appointment after the new Constitution comes into force is considered the first for the purposes of applying the new constitutional restrictions.
This means that individuals who held the relevant offices under the 1995 Constitution can be re-elected or reappointed under the rules of the new Constitution.
In particular, this official interpretation means that Kassym-Jomart Tokayev retains the possibility of standing in the next presidential election, which, according to the current election cycle, is expected in 2029.
