Health Cabinet Secretary Aden Duale has joined a growing list of leaders opposing Prime Cabinet Secretary Musalia Mudavadi’s proposal to hold a constitutional referendum alongside the 2027 General Election, warning that the move is premature and could disrupt ongoing constitutional processes.
In a statement posted on X, Duale said issues raised by Mudavadi are already being addressed through lawful parliamentary mechanisms, particularly the National Dialogue Committee (NADCO) process.
“Calling for a referendum on matters currently under parliamentary consideration may inadvertently undermine these lawful processes and create unnecessary uncertainty,” Duale said.
He added that not all constitutional matters qualify for a referendum, noting that Article 255 of the Constitution clearly outlines issues that must be subjected to a public vote.
Duale further argued that Kenya currently lacks a comprehensive legal framework to guide the conduct of a referendum, making any immediate push risky and potentially destabilising.
“There are existing mechanisms, including parliamentary processes and judicial interpretation, that are adequate to resolve outstanding constitutional issues,” he added.
On the contentious issue of boundary delimitation, Duale acknowledged that the Independent Electoral and Boundaries Commission (IEBC) had been unable to carry out a review due to its incomplete constitution and the lapse of the legal timeline.
“These matters now require guidance from the Supreme Court and the reconstituted commission,” he said.
He also noted that Article 89(1) of the Constitution fixes the number of constituencies at 290, adding that there is no immediate constitutional threat to the conduct of the 2027 General Election.
Mudavadi, who also serves as Cabinet Secretary for Foreign and Diaspora Affairs, has argued that a referendum held alongside the next election could help resolve long-standing constitutional issues. These include the implementation of the two-thirds gender rule, boundary reviews, and the entrenchment of development funds.
Speaking ahead of the Christmas period, Mudavadi said the country was at a “referendum moment” and warned that unresolved constitutional questions could complicate the 2027 polls.
“We can use the 2027 election as the first opportunity to craft these issues into clear referendum questions that will help amend the 2010 Constitution,” he said, proposing the addition of a seventh ballot during the elections.
He added that the process, if properly structured, could be managed by the current IEBC framework and would help save time and public resources.
However, the proposal has attracted sharp criticism from other political leaders. Former Chief Justice David Maraga accused the Kenya Kwanza administration of harbouring intentions to amend presidential term limits.
“Let me be clear. Kenya does not have a constitutional crisis. What we have is a crisis of implementation and integrity,” Maraga said.
People’s Liberation Party leader Martha Karua also dismissed the proposal, describing it as a distraction.
“The call for a referendum is suspicious. Mudavadi, who is fronting this idea on behalf of President Ruto, is himself holding an unconstitutional office,” Karua said. “Kenyans must not accept constitutional changes from a government that does not respect the Constitution.”