NAIROBI, Kenya – Former Chief Justice David Maraga has launched a blistering attack on calls for a constitutional referendum, warning that Kenya risks undermining the supremacy of the Constitution by bending the law to suit political interests.
In a statement issued on Monday, Maraga said the 2010 Constitution remains a progressive and transformative charter whose main problem is not design, but poor implementation by those in power.
“Kenya needs leaders who respect the Constitution that exists in the country,” said Maraga, who now leads the Umoja wa Katiba Movement (UGM).
He dismissed growing calls for constitutional amendments as misguided, arguing that governance should focus on serving citizens rather than creating new offices and political positions that burden taxpayers.
“The 2010 Constitution is a transformative document. Fifteen years on, our focus should be on ensuring it works fully for Kenyans,” he said.
The Supremacy of the Constitution is Non-Negotiable #UkatibaMovement
Maraga listed unimplemented constitutional provisions as the country’s real challenge, citing the failure to realise the two-thirds gender rule, chronic underfunding of the Judiciary, and threats to the Bill of Rights.
“The challenge is not that the Constitution has failed us, but that its provisions have yet to be fully implemented,” he said.
The former Chief Justice reaffirmed his commitment to the Ukatiba Movement, describing it as a citizens’ initiative anchored on strict fidelity to the Constitution and the protection of ordinary Kenyans.
“The true constitutional moment is not in changing the law, but in deciding to respect and implement it,” Maraga added. “Kenyans are calling for the Constitution to work as intended, not for new amendments.”
Mudavadi defends referendum push
Maraga’s remarks come days after Prime Cabinet Secretary and Foreign Affairs Minister Musalia Mudavadi outlined reasons for a proposed constitutional referendum in 2027, to be held alongside the General Election.
Mudavadi argued that a review of the Constitution is necessary to address long-standing legal gaps and safeguard the integrity of future elections, describing the moment as a critical “constitutional moment” for the country.
“There is an imperative need for a constitutional review 15 years after the 2010 Katiba,” Mudavadi said on Saturday.
He warned that unresolved constitutional issues could negatively affect the 2027 polls, particularly on electoral boundaries and representation.
Mudavadi noted that the Constitution requires a review of constituency boundaries every eight to 12 years, with the most recent deadline lapsing on March 6, 2024.
He also cited the invalidation of the 2019 Census results in Mandera, Wajir and Garissa counties, adding that a supplementary census is expected by January 2026.
According to Mudavadi, population growth has also strained representation under Article 89(4), which caps the number of constituencies at 290.
“Without constitutional amendments, high-growth areas may not get adequate representation,” he said.
The contrasting positions by Maraga and Mudavadi have ignited fresh debate among Kenyans and political leaders over whether the country needs constitutional amendments — or stricter adherence to the law already in place.
