NAIROBI, Kenya- Veteran lawyer Paul Muite has questioned Prime Cabinet Secretary Musalia Mudavadi’s proposal to hold a constitutional referendum alongside the 2027 general election, saying the idea should not be used to expand executive power or alter governance structures without clear public benefit.
Mudavadi’s proposal, made in end-of-year media engagements, suggests that unresolved constitutional matters be framed into referendum questions and voted on simultaneously with the next general election.
He has argued that combining the referendum with the polls could save costs, boost voter turnout and help resolve long-standing issues such as implementation of the National Dialogue Committee (NADCO) report, the two-thirds gender rule, the future of the Constituency Development Fund and the potential introduction of a substantive Prime Minister.
But Muite has warned that such a referendum should not be hijacked to centralise power or reconfigure the executive in ways that dilute the Constitution’s people-centred focus.
The Referendum needed is under Article One of the Constitution, Sovereignty of the People to send Parliament & the President home now not in 2027.The looming constitutional storm, created by the political leaders
He emphasised that Article 1 of the Constitution vests sovereign power directly in the people of Kenya, who exercise it either directly or through their elected representatives.
For Muite, the principle of people’s sovereignty should be the guide in any referendum process, rather than elite political manoeuvring.
Article 1 has been a cornerstone of constitutional debates in Kenya, affirming that the people are the source of all sovereign power and that governance structures derive their legitimacy from the will of citizens.
The article has also informed legal disputes around constitutional amendments and the role of direct public participation in governance.
Mudavadi’s proposal has already drawn mixed reactions across the political divide.
Some leaders, including Chama Cha Kazi Party leader Moses Kuria, have endorsed the idea, saying a jointly held referendum could help address governance gaps that Parliament and the courts have struggled to resolve.
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.
However, critics like Muite argue that pushing constitutional changes through a referendum requires broad public engagement and clarity on the content of the proposed amendments, especially when they touch on executive powers and fundamental governance structures.
They caution that without rigorous civic education and debate, the process may be perceived as a shortcut that sidesteps deeper democratic consultation.
Analysts also note that previous high-profile referendum attempts in Kenya, such as the failed Building Bridges Initiative, resulted in landmark court decisions that reaffirmed the need for strict constitutional compliance and clear public interest in reform proposals.
