NAIROBI, Kenya- Senior Counsel Ahmednasir Abdullahi has cautioned against holding a constitutional referendum alongside Kenya’s 2027 General Election, warning that such a move could prove politically dangerous for the incumbent government and hand the opposition a powerful mobilisation tool.
In a strongly worded statement, the outspoken constitutional lawyer argued that President William Ruto would be neither “mad nor foolish” to resist proposals for constitutional amendments tied to the next election, noting that referenda have historically been unpopular with Kenyan voters and often work against those in power.
Abdullahir’s remarks come amid rising political temperatures following Prime Cabinet Secretary Musalia Mudavadi’s call for a national referendum to amend the Constitution.
Mudavadi has proposed sweeping changes, including the creation of new political offices such as a Prime Minister and two Deputy Prime Ministers, the establishment of a Senate Oversight Fund, and the entrenchment of the National Government Constituencies Development Fund (NG-CDF) in the Constitution — despite the existence of a devolved system of government.
H.E @WilliamsRuto is neither MAD nor FOOLISH to have a constitutional referendum with a general election. (1) constitutional amendments are very unpopular with Kenyans. (2). constitutional amendments that creates new offices for politicians are death wishes for the incumbent.
The lawyer has warned that constitutional amendments, particularly those perceived to benefit political elites, are deeply unpopular with the public and risk being interpreted as self-serving.
He noted that proposals creating additional political positions tend to provoke voter backlash and have historically damaged incumbents rather than strengthened them.
He further argued that introducing a referendum during a general election would dramatically alter the political terrain.
While elections are typically decided on a government’s performance record and policy agenda, constitutional questions introduce uncertainty and emotional politics that can overshadow governance issues.
In such scenarios, he said, the incumbent often loses control of the narrative.
PCS @MusaliaMudavadi recently proposed that in 2027 we hold a general election and a referendum. The political elite are still hungering for the NADCO Prime Minister, 2 DPMs, Assistant Ministers to solidify ethnic politics. Citizens and even Prezo said NO to BBI #jobsForBoys.
According to the lawyer, a referendum would also offer the opposition a rare opportunity for unity.
Fragmented opposition movements, he observed, often struggle to coalesce around leadership or ideology, but constitutional change provides a single, emotive cause capable of energising supporters and consolidating disparate political forces against the government.
Mudavadi, however, has defended the referendum push, arguing that unresolved constitutional issues — including electoral boundary reviews and the legal status of key public funds — pose a risk to the credibility of the 2027 elections.
He has suggested that holding a referendum on the same day as the general election would be cost-effective and administratively efficient.
Abdullahi’s intervention revives memories of past constitutional battles, including the failed Building Bridges Initiative (BBI), which was halted by the courts after years of political division and legal wrangling.
For many Kenyans, such episodes have reinforced skepticism toward large-scale constitutional reforms driven by political elites.
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Political analysts note that while Mudavadi’s proposals may be rooted in legitimate governance concerns, the political timing remains sensitive.
Introducing constitutional amendments — particularly those expanding political offices and public spending —he warned, risks shifting the 2027 contest away from service delivery and economic performance to a polarising national debate on power and privilege.
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.
