Constitution Not Under Threat, Duale Responds to Mudavadi’s Referendum Push

Health Cabinet Secretary Aden Duale has responded to Prime Cabinet Secretary Musalia Mudavadi’s call for a possible constitutional referendum, saying there is no urgent need for such a move.

In a statement shared on social media, Duale said Mudavadi had raised concerns about possible constitutional challenges ahead of the 2027 General Election, but noted that the Constitution already provides clear ways of handling national issues.

“While such calls are not new, our Constitution clearly provides procedures for resolving national questions, with the courts offering guidance whenever uncertainties arise,” Duale said.

On the issue of boundary delimitation, Duale explained that the Independent Electoral and Boundaries Commission (IEBC) was previously unable to act because it was not properly constituted and the legal timeline had lapsed. He said the matter now requires guidance from the Supreme Court and IEBC, warning that pushing for a referendum without such guidance could create unnecessary tension.

He added that proposals touching on these issues are already before Parliament through the National Dialogue Committee (NADCO) process.

Duale also said matters such as entrenching development funds and implementing the two-thirds gender rule are currently being addressed through parliamentary processes that involve public participation.

“Calling for a referendum on matters already under consideration in Parliament may undermine lawful processes and create unnecessary uncertainty,” he said.

He further noted that not all issues qualify for a referendum, pointing out that Article 255 of the Constitution clearly outlines matters that must be subjected to a public vote.

“Any proposal must first be tested against the Constitution. This requires careful legal reflection,” Duale stated.

Duale also dismissed fears of a constitutional crisis ahead of the 2027 elections, saying Article 89 of the Constitution fixes the number of constituencies at 290.

“There is no looming constitutional storm. The Constitution remains firm, the legal pathway is clear, and the national environment is stable,” he said.

Mudavadi had earlier argued that Kenya needs a constitutional review, 15 years after the current Constitution was promulgated. He said the review should focus on creating a more inclusive government by formalising the Office of the Prime Minister and the leader of the official opposition.

“There is an imperative need for a constitutional review. For a unified face of Kenya in government, we must formalise the Office of the Prime Minister and the leader of the official opposition,” Mudavadi said.