Health Cabinet Secretary Aden Duale has played down fears of a looming constitutional crisis ahead of the 2027 General Election, pushing back against Prime Cabinet Secretary Musalia Mudavadi’s recent call for a referendum.
In a statement on Monday, December 29, Duale said the Constitution provides clear mechanisms for addressing national challenges and argued that not every issue requires a referendum.
While acknowledging Mudavadi’s concerns, he maintained that the constitutional framework remains intact and capable of resolving the matters raised through existing legal processes.
Duale Dismisses Referendum Calls, Says No Constitutional Crisis Ahead of 2027. Photo: Courtesy.
Duale noted that questions surrounding boundary delimitation arose because the Independent Electoral and Boundaries Commission (IEBC) was not fully constituted when the constitutional timeline elapsed.
However, he said the issue should now be resolved through guidance from the Supreme Court and the IEBC, rather than through a referendum.
Duale added that issues such as the entrenchment of development funds and the implementation of the two-thirds gender rule are already being handled through ongoing legislative processes that incorporate public participation.
He cautioned that pushing for a referendum on matters currently before Parliament could undermine lawful procedures and create unnecessary uncertainty.
The Cabinet Secretary emphasized that Article 255 of the Constitution clearly defines which issues must be subjected to a referendum and that any proposal should first be tested against that constitutional threshold.
Duale further noted that Kenya currently lacks comprehensive legislation to guide the conduct of a referendum, warning that moving toward one without a proper legal framework would be premature and potentially disruptive.
Duale’s remarks come days after Prime Cabinet Secretary Musalia Mudavadi warned that Kenya is heading toward a constitutional crisis ahead of the 2027 General Election.
In a statement issued on Friday, December 26, Mudavadi said unresolved electoral, census, and governance issues make a referendum unavoidable, proposing that it be held alongside the 2027 polls to save costs.
He cautioned that failure to address constitutional requirements, particularly the lapsed deadline for electoral boundary review and unresolved census disputes, could trigger a legal crisis that may threaten the validity of the 2027 election.
Mudavadi also cited constitutional limits on constituency numbers as a barrier to fair representation in rapidly growing regions.
