Health Cabinet Secretary Aden Duale has downplayed concerns about a potential constitutional crisis ahead of Kenya’s 2027 General Election, emphasising that the country’s legal framework and institutions remain robust.
In a statement on Monday, the CS addressed remarks by Prime Cabinet Secretary Musalia Mudavadi, who recently suggested that the nation may soon face a constitutional challenge that could warrant a referendum.
While acknowledging Mudavadi’s observations, Duale cautioned against rushing into such a process.
“My boss and the Prime Cabinet Secretary, Hon. Musalia Mudavadi, has thoughtfully drawn attention to a possible constitutional challenge that the nation could face by 2027 and has suggested that the time may be approaching for a referendum. While such calls are not new, our Constitution clearly provides procedures for resolving national questions, with the courts offering guidance whenever uncertainties arise,” he stated.
He highlighted the issue of boundary delimitation, noting that the Independent Electoral and Boundaries Commission (IEBC) was unable to act earlier due to improper constitution and lapsed constitutional timelines.
Duale emphasised that the matter now requires guidance from the Supreme Court and IEBC, warning that proceeding to a referendum without legal direction could generate avoidable tension.
“Proceeding towards a referendum without that guidance risks creating avoidable tension rather than providing solutions. It is also worth noting that proposals to address this are already before Parliament through the NADCO process,” he said.
Duale further addressed other contentious matters, including the entrenchment of development funds and the implementation of the two-thirds gender rule.
He noted that Parliament is actively considering these issues through ongoing legislative processes that involve public participation.
According to the Health CS, calling for a referendum on matters currently under parliamentary scrutiny could undermine lawful processes and create unnecessary uncertainty.
He reiterated that not every issue qualifies for a referendum, pointing to Article 255 of the Constitution, which lists matters requiring public vote.
“Any proposal must first be tested against that constitutional standard, a process that calls for careful legal reflection,” he said.
The CS also highlighted the absence of a comprehensive law governing how a referendum should be conducted, describing any immediate push for a vote as premature and potentially disruptive.
He reassured Kenyans that there is no immediate constitutional threat to the 2027 General Election, noting that Article 89(1) fixes the number of constituencies at 290.
“In conclusion, there is no looming constitutional storm. The Constitution remains firm, the legal pathway is clear, and the national environment remains stable, guided by the rule of law and the strength of our institutions,” Duale affirmed.
The remarks come amid heightened public discourse on constitutional reforms and political alignments, ahead of the 2027 general elections.
