Prime Cabinet Secretary Musalia Mudavadi has outlined why Kenya needs to have a referendum in 2027 alongside the General Elections.
Mudavadi said the referendum is essential to safeguard the upcoming General Elections and address longstanding constitutional gaps.
Speaking at a press briefing, Mudavadi described the period as a “Constitutional Moment” and highlighted the need for urgent legal and structural reforms.
“Allow me to state without fear of contradiction that there is an imperative need for a constitutional review 15 years after the promulgation of the 2010 Katiba. As a country, we are staring at a massive legal crisis where the 2027 election could be nullified before it even begins,” Mudavadi said.
He explained that the 2010 Constitution requires a review of boundaries every eight to 12 years, with the last deadline passing on March 6, 2024.
“We are now in a period of constitutional noncompliance. You cannot have a boundary review without a valid National Census. The 2019 Census was nullified in Mandera, Wajir, and Garissa, and a mini-census for these counties will only be conducted by January 2026,” he added.
Mudavadi stressed that Kenya’s population has grown significantly, yet the constitution limits representation to 290 constituencies under Article 89(4).
“Without a constitutional amendment, the IEBC cannot give high-growth areas the representation they deserve, and our ‘protected’ constituencies face extinction,” he warned.
He also pointed to conflicts at the county level, noting that while the 2010 Constitution allows the IEBC to adjust County Assembly wards, the County Governments Act limits wards to 1,450, creating legal ambiguity.
TMudavadi proposed several reforms, including entrenching the NG-CDF in the Constitution to protect bursaries for children, creating a Senate Oversight Fund, and establishing a Ward Development Fund to ensure resources for water points and community halls reach the grassroots instantly.
“For a unified face of Kenya in government, we must formalise the Office of the Prime Minister and the Leader of the Official Opposition to ensure every region sees its face in the mirror of government,” he said.
He also highlighted that the referendum would offer an opportunity to fully implement the two-thirds gender rule, achieving fairness and inclusive democracy.
“No valid population, no boundaries review, and hence, no valid general election! Ignoring this is to act at grave peril to our constitutionalism,” Mudavadi cautioned.
