Prime Cabinet Secretary Musalia Mudavadi has suggested that Kenya could hold a constitutional referendum at the same time as the 2027 general election, saying the dual exercise would give voters the chance to settle long-standing national issues efficiently.
Speaking in a year-end interview at CHAMS Media in Nairobi on Tuesday, 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.
He added that voters are capable of handling complex ballots, pointing out that Kenyans already vote for multiple positions during elections and could similarly handle a few constitutional questions.
“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.
Mudavadi, who is also Cabinet Secretary for Foreign and Diaspora Affairs, cited Kenya’s bold steps in past elections, including the Supreme Court’s annulment of a presidential poll, as an example of global recognition for innovative democratic processes.
“The reason I am putting this debate in the public is because we don't want to have arguments constantly on some issues that we know parliament may not want or manage to resolve. Same to the courts, and thus the voice of Kenyans must prevail.” noted the Prime CS.
He highlighted the National Dialogue Committee (NADCO) report as a key issue that could be addressed through a referendum after years of parliamentary delays.
“For instance, the NADCO report. We are not hearing much about it but Parliament was tasked to resolve the issues in there. Now that there is too much back and forth, why can’t we take this to IEBC and they craft a question or two to be subjected to a constitutional referendum?” Mudavadi stated.
Mudavadi said public participation on matters like inclusivity and executive structure could now take place through a national vote, rather than continuous debates in Parliament or the courts.
“There were issues of inclusivity or lack of inclusivity being raised. Perhaps when one wanted to talk about introducing it in the NADCO report plus the issue on whether we need to have a substantive Prime Minister, this could be a time to resolve it through a referendum ballot.” he noted.
He dismissed concerns that combining the referendum with elections would increase costs, saying both exercises would run concurrently with minimal extra expenditure.
“I think this is the time. We have other issues like how to deal with the Constituency Development Fund, this matter has been a subject of back and forth between Parliament and the Courts, and we need to put it to rest and anchor it on our constitutional framework.” noted Mudavadi.
The former ANC party leader said unresolved governance issues after elections often trigger prolonged disputes, which could be avoided by a simultaneous referendum.
“Kenyans have been subjected to this debate of people being short-changed after elections, we have questions of structures that have to be negotiated, and to resolve these issues once and for all for them to become constitutional and avoid wasting more time after the general election, this proposal stands the test of time.” Mudavadi pointed out.
He also emphasized resolving the long-standing debate on the two-thirds gender rule through a referendum, ensuring that public opinion drives the final decision.
“It is time now that we also resolve the issue on gender, this debate on 2/3rds gender rule has remained to be an endless discussion, and when people ask for public participation, what could be the biggest public participation if not a referendum,” he added.
Mudavadi said a combined referendum and general election would save time, increase voter participation, and allow the country to focus on development priorities rather than repeated political arguments.
“First, we'll solve issues that our parliament has been unable to resolve. Two, we will get a higher voter turnout. And three, we will be moving the country away from constant bickering on an issue to now moving to the next phase of implementing some of those critical issues,” he explained.
