NAIROBI— A rift has emerged within the Kenya Kwanza government after Health Cabinet Secretary Aden Duale publicly rejected Prime Cabinet Secretary Musalia Mudavadi’s proposal for a constitutional referendum alongside the 2027 general election, dismissing warnings of a “looming constitutional storm” as unfounded.
Mudavadi, who also serves as Cabinet Secretary for Foreign Affairs has vigorously advocated for combining the 2027 polls with a referendum to resolve longstanding governance issues. Speaking in recent weeks, including at the Maragoli Cultural Festival he argued that unresolved matters—such as boundary delimitation, the stalled NADCO report, entrenching the Constituency Development Fund (CDF), implementing the two-thirds gender rule, and potential creation of a Prime Minister position—warrant direct public vote.
He highlighted a January 2025 High Court ruling nullifying 2019 census data in Mandera, Wajir and Garissa counties, ordering a mini-census by January 2026. Mudavadi contended this creates incompatible data sets, preventing valid boundary reviews and potentially invalidating the 2027 elections without constitutional amendments. “No valid population census data, no valid boundaries review and no general elections—that is the law,” he stated, urging discussions to begin in 2026 for “two or three” referendum questions on the ballot.
Mudavadi framed the move as cost-effective, boosting voter turnout and ending perpetual debates, allowing focus on development. “Kenyans are mature enough to handle six elective positions plus referendum questions,” he added, calling it a “legal necessity” to avert crisis.
However, in a detailed statement on December 29, Duale countered that no constitutional crisis looms. Acknowledging Mudavadi as his “boss,” he praised the attention drawn to potential challenges but insisted existing mechanisms suffice.
PRECIPITATING A CRISIS OR A LOOMING CONSTITUTIONAL STORM?
1. My Boss and the Prime Cabinet Secretary, Hon. Musalia Mudavadi, has thoughtfully drawn attention to a possible constitutional challenge that the nation could face by 2027 and has suggested that the time may be…
— Hon. Aden Duale, EGH (@HonAdenDuale) December 29, 2025
On boundaries, Duale noted the Independent Electoral and Boundaries Commission (IEBC) was not constituted in time requiring Supreme Court guidance rather than a rushed referendum. He said NADCO proposals are already before Parliament and interrupting them could create uncertainty.
Duale emphasised Article 255 limits referendum triggers and not all issues qualify. Kenya lacks a comprehensive referendum law, making immediate action “premature and disruptive.” Crucially, Article 89 fixes constituencies at 290, posing no risk to 2027 polls.
“There is no looming constitutional storm. The Constitution remains firm… guided by the rule of law and the strength of our institutions,” Duale concluded.
The exchange highlights internal tensions in President William Ruto’s administration amid broader debates, with some critics viewing Mudavadi’s push as echoing failed BBI attempts. As 2027 approaches, the disagreement underscores differing views on addressing Kenya’s constitutional hurdles.
