Maraga vows to defend 2010 Constitution, dismisses proposed amendments

Maraga vows to defend 2010 Constitution, dismisses proposed amendments
Former Chief Justice David Maraga/HANDOUT
In Summary

The former CJ’s statement comes after Prime Cabinet Secretary Musalia Mudavadi suggested that Kenya could hold a constitutional referendum at the same time as the 2027 general election to settle long-standing national issues.

Former Chief Justice and 2027 presidential aspirant David Maraga has warned that Kenya’s Constitution is under threat, accusing government officials of attempting to amend it to extend President William Ruto’s term.

Speaking on Monday, Maraga emphasized the need to uphold the 2010 Constitution, vowing to lead the Ukatiba Movement to ensure the law serves Kenyans and resists political manipulation.

“Kenya does not have a constitutional crisis. We have a crisis of implementation and a deficit of integrity,” he stated, accusing high-ranking officials, including Prime Cabinet Secretary Musalia Mudavadi, of promoting amendments under the guise of a so-called “Constitutional Moment” while disregarding the existing law.

According to Maraga, the real constitutional moment lies not in drafting new laws but in obeying the Constitution as it stands.

He cited unfulfilled provisions, including the two-thirds gender rule, full funding of the Judiciary, and protection of the Bill of Rights, arguing that the current administration has shown a propensity to flout the law rather than implement it.

“We do not need a new Constitution. We need leaders who respect the one we already have,” Maraga stressed.

He criticized proposals to expand government and create more offices, calling them tone-deaf and an affront to the dignity of citizens, especially as ordinary Kenyans struggle with basic necessities such as food, healthcare, and school fees.

Maraga launched the Ukatiba Movement, grounded in strict fidelity to the Constitution.

“Our mission is to protect Kenyans from being burdened with the costs of a bloated, illegal bureaucracy and to ensure that power remains where it belongs—with the people,” he affirmed.

The former Chief Justice vowed that the movement will resist any attempts to manipulate the Constitution for political gain.

He emphasized that Kenyans must be empowered through adherence to the law, not burdened by amendments designed to benefit political elites.

Maraga also called for civic vigilance, urging citizens to recognize that constitutional amendments intended to extend political tenure undermine the democratic principles enshrined in the 2010 Charter.

Maraga’s campaign is anchored in constitutional fidelity, transparency, and ensuring that government power is exercised in accordance with the supreme law of the land.

“The true success of our democracy,” Maraga insisted, “lies not in new clauses or expanded offices, but in the full implementation and respect of the Constitution given to the people in 2010.”

The former CJ’s statement comes after Mudavadi suggested that Kenya could hold a constitutional referendum at the same time as the 2027 general election.

He said the dual exercise would give voters the chance to settle long-standing national issues efficiently.

Mudavadi said certain unresolved constitutional matters could be structured into clear referendum questions, allowing Kenyans to have their say directly.

He described the process as manageable under the current Independent Electoral and Boundaries Commission setup and a progressive step for the country.

“We can use the 2027 election as the first example to have those issues that have never been resolved crafted well into sensible referendum questions that will help amend our 2010 constitution,” said Mudavadi.

“Kenyans should buy into this idea and we begin this discussion in 2026 ahead of the 2027 general election. If you can vote for six people on one ballot paper, I think we are now mature enough to include maybe two or three constitutional questions that can be dealt with so that we move forward,” he added.

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