Health Cabinet Secretary Aden Duale dismissed claims of an impending constitutional crisis ahead of the 2027 General Election, insisting that Kenya’s Constitution remains firm and that existing legal and institutional mechanisms are sufficient to address outstanding governance questions.
In a statement responding to recent remarks by Prime Cabinet Secretary Musalia Mudavadi on the possibility of a referendum, Duale said while constitutional debates are healthy, they must be guided strictly by the rule of law and established procedures.
“The Constitution provides clear pathways for resolving national questions, with the courts offering authoritative guidance whenever uncertainties arise,” Duale said.
He said prematurely pushing the country toward a referendum could generate unnecessary political tension.
On the contentious issue of constituency boundary delimitation, Duale acknowledged that the Independent Electoral and Boundaries Commission (IEBC) was unable to carry out the exercise within the constitutional timeline due to the absence of a properly constituted commission. However, he stressed that this does not amount to a constitutional emergency.
He noted that the matter now requires legal interpretation by the Supreme Court and action by a fully constituted IEBC, warning that bypassing these processes in favour of a referendum could complicate rather than resolve the issue.
Duale further pointed out that proposals touching on electoral and governance reforms are already before Parliament through the National Dialogue Committee (NADCO) process.
The CS also addressed calls to entrench development funds in the Constitution and to enforce the two-thirds gender rule through a referendum.
He said both matters are currently under active consideration by Parliament through legislative processes that include public participation.
“Calling for a referendum on issues that are already undergoing lawful parliamentary scrutiny risks undermining constitutional processes,” Duale said.
He emphasized that Article 255 of the Constitution clearly outlines matters that must be subjected to a referendum, cautioning that not every political or governance concern meets this threshold. Any proposal, he added, must first be tested against the constitutional standard.
Duale also observed that Kenya currently lacks a comprehensive legal framework governing the conduct of a referendum, arguing that moving toward one without such a law would be premature and potentially disruptive.
On the 2027 General Election, the Health CS noted that Article 89(1) of the Constitution fixes the number of constituencies at 290, assuring that there is no immediate constitutional risk to the conduct of the polls.
“In conclusion, there is no looming constitutional storm,” Duale said.
“The Constitution remains strong, the legal pathways are clear, and the nation continues to be guided by the rule of law and the strength of its institutions.”
