Health Cabinet Secretary (CS) Aden Duale has opposed suggestions by Prime Cabinet Secretary Musalia Mudavadi of holding a referendum in time before the 2027 General Election, arguing that no constitutional crisis is looming in Kenya.

Duale believes that it is already established in the Constitution that the national questions should be resolved within creative mechanisms and that, in the face of uncertainty, a person should seek other legal and parliamentary means to address it first.

Duale, however, responded,” My boss and the Prime Cabinet Secretary, Musalia Mudavadi, have thoughtfully drawn attention to a possible constitutional challenge that the nation could face by 2027.”

He also added,” The Constitution clearly provides procedures for resolving national questions,with the courts offering guidance whenever uncertainties arise.”

Boundary Delimitation needs legal Guidance

On the controversial topic of electoral boundaries, Duale acknowledged that the Independent Electoral and Boundaries Commission (IEBC) failed to carry out delimitation within the necessary timeframes because it was not properly constituted.

He, however, warned that the haste to a referendum without proper legal guidance would only lead to an escalation of tensions and not a solution.

“This matter now appropriately requires guidance from the Supreme Court and IEBC,” Duale noted, warning that “proceeding towards a referendum without that guidance risks creating avoidable tension rather than providing solutions.”

He also indicated that plans for boundary review have already been in Parliament in the National Dialogue Committee (NADCO) process.

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Parliament Already Debating Major Concerns

Duale also claimed that some of the problems mentioned by Mudavadi to justify a referendum, like entrenching development funds and adopting the two-thirds gender rule, are already being discussed in Parliament.

“Calling for a referendum on matters currently under parliamentary consideration may inadvertently undermine these lawful processes and create unnecessary uncertainty,” he said, emphasizing that public participation is already present in the work of the various legislatures.

The CS reminded Kenyans that the Constitution provides a clear picture of what issues should undergo a referendum.

Duale said that not all of the issues warrant a referendum, and pointed to Article 255, which enumerates the particular amendments to the constitution that must be put to the people.

Any suggestion, he proceeded, must first be subjected to this criterion by a thorough legal reflection.

No Legal Framework for a Referendum

Another major concern raised by Duale is the absence of a comprehensive legal structure that will regulate the manner of a referendum.

He said,”Kenya currently lacks a comprehensive law governing how a referendum should be held,” cautioning that moving toward an instant referendum without that legislative framework would be “premature and potentially disruptive.”

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No Threat to the 2027 Election

However, contrary to the allegations that the inability to amend the Constitution may put the 2027 polls in danger, Duale recommended that there is nothing to fear now.

He cited Article 89 (1), which fixes the number of constituencies at 290. “There’s no immediate constitutional risk regarding the 2027 General Election,” he said.

Online Resistance and Public Backlash

The proposal of Mudavadi has resulted in a huge backlash on X (previously Twitter) where many users find the timing, cost, and the need for a referendum to be a point of controversy.

Critics claim that the push seems politically instigated, more so as the Parliament and NADCO already deal with the majority of the suggested reforms.

Some have warned that reopening constitutional debates so close to an election could destabilize the nation instead of enhancing democracy.

In his conclusion, Duale rejected the purported constitutional breakdown.

He said, “There is no looming constitutional storm,” adding that “the constitution remains firmly, the legal pathway is clear and the national environment remains stable, guided by the rule of law and the strength of our institutions.”

With the debate going on in online and political quarters, the position of Duale enhances a rising feeling that constitutional changes should take normal legal processes rather than be rushed to a referendum.

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Cabinet secretaries during a meeting at the StateHouse
Image/Duale/X