NAIROBI, Kenya — Health Cabinet Secretary Aden Duale has dismissed claims by Prime Cabinet Secretary Musalia Mudavadi that Kenya is facing a constitutional crisis that could jeopardise the 2027 general elections, insisting that the Constitution and the Supreme Court have already outlined a lawful path forward.
In a statement shared on social media, Duale cited a Supreme Court advisory opinion issued in September 2025, arguing that it did not declare a constitutional deadlock but instead deferred key questions to a properly constituted Independent Electoral and Boundaries Commission (IEBC).
“There is therefore no constitutional crisis. The Constitution has provided a lawful path and the Supreme Court has already explained how that path should be followed,” Duale said.
The Health CS maintained that the issue of timelines for electoral boundary review remains legally open and can only be conclusively addressed once the IEBC is fully reconstituted and formally seeks fresh guidance from the court. He noted that the Supreme Court was explicit that it could not provide complete direction at the time because the commission lacked commissioners.
Duale pointed to paragraph 64 of the advisory opinion, where the apex court stated that fuller guidance on boundary delimitation could only be issued once a new IEBC was in place. According to Duale, this places the responsibility squarely on the reconstituted commission to return to court for a fresh advisory opinion.
Mudavadi, however, has repeatedly warned of a looming constitutional crisis, arguing that failure to review electoral boundaries within constitutionally mandated timelines could invalidate the 2027 elections even before they are held.
The Constitution requires constituency boundaries to be reviewed every eight to 12 years, with any review completed at least 12 months before a general election. The last review deadline, Mudavadi says, lapsed in March 2024.
“I must speak the truth about a looming constitutional storm. We are now in a period of constitutional noncompliance,” Mudavadi said recently, proposing that Kenya consider a constitutional amendment through a referendum alongside the 2027 elections.
That proposal has been sharply criticised by opposition leaders and legal experts, who argue that constitutional amendments cannot be used to cure failures of constitutional implementation and that the crisis narrative is overstated.
Mudavadi, who also serves as Cabinet Secretary for Foreign and Diaspora Affairs, has further argued that the IEBC cannot proceed with boundary review because there is no valid national census, following a court decision that nullified the 2019 census results in Mandera, Wajir and Garissa counties.
Youth hit out at Mudavadi over referendum callsMusalia Mudavadi’s push to amend the constitution through a referendum has elicited a lot of reactions from Kenyans across the country Mudavadi recently said that only a referendum can fix constitutional gaps threatening the next
The courts ordered a fresh mini-census in the three counties by January 2026.
In response, Duale said the Supreme Court had already acknowledged these constraints but declined to offer comprehensive solutions due to the IEBC’s lack of capacity at the time.
In its September 2025 ruling, the court held that only a duly constituted commission — comprising a chairperson and commissioners — could seek an advisory opinion on boundary delimitation.
Beyond the advisory opinion, several cases are currently before the courts seeking to block the August 2027 elections on constitutional grounds, underscoring the legal and political sensitivity of the issue.
Still, Duale insisted that Kenya is not on the brink of a constitutional breakdown, arguing that existing legal mechanisms remain intact and that the path forward lies in reconstituting the IEBC and allowing it to fulfil its constitutional mandate under judicial guidance.
