NAIROBI, Kenya- Prime Cabinet Secretary Musalia Mudavadi has warned that Kenya’s 2027 General Election could face serious legal jeopardy or even fail to take place unless urgent constitutional reforms are undertaken, raising fresh alarm over what he terms a looming constitutional crisis.
Critics argue that Mudavadi is only making a case for the political elites to create more positions for themselves.
However, Mudavadi argues the country is already in constitutional non-compliance, particularly on electoral boundaries, a situation that exposes the next election to legal challenges that could derail the entire process.
“I find it necessary to speak the truth about a looming constitutional storm,” Mudavadi said, warning that Kenya is staring at a massive legal crisis, including the potential nullification of the 2027 General Election.
At the centre of the concern is Article 89 of the Constitution, which requires a review of electoral boundaries every eight to twelve years.
BOUNDARIES CRISIS LOOMS ”I find it necessary to speak the truth about a looming Constitutional Storm because as a country, we are staring at a massive legal crisis; this is the potential nullification of the 2027. Our 2010 Constitution demands a boundaries review every 8 to 12
That deadline elapsed on March 6, 2024, but the process has not been undertaken due to the prolonged absence of a fully constituted Independent Electoral and Boundaries Commission (IEBC).
“We are now in a period of constitutional non-compliance,” Mudavadi said, adding that proceeding to a general election without addressing the lapse could expose the polls to court challenges.
He further argued that population growth has rendered the current constituency framework obsolete, yet Article 89(4) caps the number of constituencies at 290, limiting fair representation in high-population areas.
“Our population has exploded, yet we are trapped in Article 89(4). Without a constitutional amendment, the IEBC cannot give high-population areas the representation they deserve,” he said, warning that some constitutionally “protected” constituencies also risk extinction under existing provisions.
Beyond electoral boundaries, Mudavadi says repeated court battles over public funds have destabilised service delivery and devolution, another factor complicating election preparedness.
He backed recommendations in the NADCO Report calling for the entrenchment of the National Government Constituencies Development Fund (NG-CDF) in the Constitution to shield education bursaries and grassroots projects from legal uncertainty.
“We must entrench the NG-CDF in the Constitution to prevent courts from threatening bursaries for our children,” he said.
REFERENDUM TO CREATE SENATE FUND ”The NADCO Report identified that we must entrench the NG-CDF in the Constitution to prevent courts from threatening bursaries for our children. I must add that we need to also introduce New Development Funds, namely, the Senate Oversight Fund.
Mudavadi also proposed the creation of new constitutionally protected funds, including a Ward Development Fund to empower Members of County Assembly (MCAs) and a Senate Oversight Fund to support senators in executing their oversight mandate under devolution.
“The Ward Fund will ensure resources for water points and community halls reach the grassroots instantly,” he said.
With just 20 months to the 2027 polls, Mudavadi described the period ahead as a “referendum moment”, arguing that Kenya cannot proceed to another general election without addressing unresolved constitutional contradictions 15 years after the promulgation of the 2010 Constitution.
“There is an imperative need for a constitutional review,” he said, suggesting that a referendum held alongside the 2027 General Election could resolve the crisis lawfully and avert prolonged legal uncertainty.
His remarks are expected to fuel intense debate, with critics warning that constitutional amendments risk reopening divisive political reforms previously rejected by the public.
However, Mudavadi maintains that the issue is no longer political convenience, but constitutional survival.
Without corrective action, he cautioned, Kenya risks entering the 2027 election cycle on shaky legal ground, with consequences that could fundamentally disrupt the democratic process.
