NAIROBI, Kenya-Health Cabinet Secretary Aden Duale has dismissed claims of a looming constitutional crisis ahead of Kenya’s 2027 General Election, emphasizing that the legal framework remains firm and the rule of law continues to guide the nation.
Speaking on recent calls for a referendum, CS Duale said, “While proposals for constitutional changes are not new, our Constitution clearly provides procedures for resolving national questions, with the courts offering guidance whenever uncertainties arise.”
He was responding to remarks by Prime Cabinet Secretary Musalia Mudavadi, who had highlighted potential constitutional challenges and suggested the possibility of a referendum.
On the issue of boundary delimitation, CS Duale noted that the Independent Electoral and Boundaries Commission (IEBC) could not act earlier because it was not properly constituted, causing the constitutional timeline to lapse.
“Proceeding towards a referendum without Supreme Court and IEBC guidance risks creating avoidable tension rather than providing solutions,” he said.
PRECIPITATING A CRISIS OR A LOOMING CONSTITUTIONAL STORM?1. 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
CS Duale further addressed ongoing parliamentary reforms, including entrenching development funds and implementing the two-thirds gender rule.
He warned that pushing for a referendum on matters under parliamentary consideration could “inadvertently undermine these lawful processes and create unnecessary uncertainty.”
He clarified that not every issue qualifies for a referendum, highlighting Article 255 of the Constitution: “Any proposal must first be tested against that constitutional standard, a process that calls for careful legal reflection.”
Duale has cautioned that Kenya currently lacks a comprehensive legal framework governing how a referendum should be conducted, warning that moving towards an immediate referendum could be premature and potentially disruptive.
Regarding the upcoming elections, CS Duale reassured the public that Article 89(1) fixes the number of constituencies at 290, meaning “there is no immediate constitutional risk regarding the 2027 General Election.”
CS Duale emphasized, “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.”
