No looming constitutional storm, says Duale
Health Cabinet Secretary Aden Duale has dismissed suggestions that Kenya is headed towards a constitutional crisis ahead of the 2027 General Election, saying the Constitution and existing legal processes remain firm.
In a detailed statement, Mr Duale said fears of a “looming constitutional storm” were overstated and risked creating unnecessary anxiety among Kenyans.
“There is no looming constitutional storm,” Mr Duale said.
“The Constitution remains firm, the legal pathway is clear and the national environment remains stable.”
His remarks follow comments by Prime Cabinet Secretary Musalia Mudavadi, who had warned that unresolved constitutional issues could trigger legal challenges ahead of 2027 and suggested that the country may be edging towards a referendum.
Mr Duale said while such debates were not new, the Constitution already provides clear procedures for resolving national questions, including seeking guidance from the courts where necessary.
On electoral boundary delimitation, the Cabinet Secretary said the Independent Electoral and Boundaries Commission was unable to act earlier because it was not properly constituted and constitutional timelines had lapsed.
“This matter now requires guidance from the Supreme Court and IEBC,” he said, warning that pushing for a referendum without such guidance could generate avoidable tension.
Mr Duale also said issues such as entrenching development funds and implementing the two-thirds gender rule were already before Parliament through legislative processes that include public participation.
“Calling for a referendum on matters currently under parliamentary consideration may inadvertently undermine these lawful processes,” he said.
He added that not every issue qualifies for a referendum, noting that Article 255 of the Constitution clearly outlines matters that must be subjected to a public vote.
Mr Duale further pointed out that Kenya currently lacks a comprehensive legal framework governing how a referendum should be conducted, making any immediate move premature.
On concerns that boundary issues could affect the 2027 election, he said the Constitution fixes the number of constituencies at 290, leaving no immediate constitutional risk.
Mr Mudavadi had earlier said the failure to resolve boundary review and other constitutional questions could expose the 2027 polls to legal challenges, and suggested a referendum may eventually be necessary.
Mr Duale, however, said the Constitution remained resilient and that institutions were capable of resolving outstanding issues through the rule of law.
