Kazakhstan’s Constitutional Court ruled that individuals who held the highest state offices under the 1995 Constitution may be re-elected or appointed to the corresponding posts after the new 2026 Constitution takes effect.
The decision was issued on July 7 in response to a request from President Kassym-Jomart Tokayev, who asked the court to provide an official interpretation of the provisions regarding the number of terms for which one may be elected or appointed to a number of top government positions, including the presidency.
The court noted that the new Constitution does not contain provisions requiring that terms served under the previous Constitution be taken into account. Therefore, the fact of holding office prior to July 1, 2026, does not in itself constitute an obstacle to re-election or appointment after the new Constitution takes effect.
In practice, this means that Tokayev’s term, which began after the 2022 election, will not be counted toward the new presidential term limit. A new election following the 2026 Constitution’s entry into force will be considered his first for the purposes of applying these limits.
Reuters notes that the decision effectively resets the count of Tokayev’s presidential terms. However, it is not yet clear whether he will seek a new term in early presidential elections or remain in office until 2029.
Kazakhstan’s new Constitution took effect on July 1, 2026. It retains the limit of one seven-year presidential term, but, according to the Constitutional Court’s interpretation, this limit applies only to elections held under the new Constitution.
Thus, Tokayev has been legally permitted to run for president again, despite the previously existing limit of a single seven-year term.
