The illusion of seamless unity within the Kenya Kwanza Cabinet shattered on Monday as Health Cabinet Secretary Aden Duale openly clashed with Prime Cabinet Secretary Musalia Mudavadi over the future of the country’s Constitution.

In a move that has sent shockwaves through Nairobi’s political corridors, Duale categorically rejected Mudavadi’s proposal to hold a constitutional referendum alongside the 2027 General Election. While Mudavadi warns of a looming legal crisis that could nullify the next polls, Duale has dismissed the push as “premature, potentially destabilising,” and legally unnecessary.

The 'Constitutional Storm'

The disagreement stems from Mudavadi’s stark warning issued late last week. The Prime Cabinet Secretary argued that Kenya is staring at a “constitutional storm” due to the failure to review electoral boundaries—a process the Constitution mandates every 8 to 12 years. The deadline for this review lapsed in March 2024.

Mudavadi’s solution? A referendum to fix this “non-compliance,” alongside other thorny issues like the two-thirds gender rule and the entrenchment of the National Government-Constituency Development Fund (NG-CDF).

“We are now in a period of constitutional non-compliance,” Mudavadi cautioned, suggesting that without a reset, the legitimacy of the 2027 vote hangs in the balance.

Duale’s Legal Shield

Duale, however, is not buying the panic. In a sharp rejoinder, the Health CS argued that the Constitution already provides a roadmap for such stalemates without dragging the country into a costly plebiscite.

“While calls for a referendum are not new, our Constitution clearly provides procedures for resolving national questions, with the courts offering guidance whenever uncertainties arise,” Duale stated.

He pointed to Article 89(1), which fixes the number of constituencies at 290, arguing that this clause protects the 2027 election from immediate nullification. Duale also noted a critical logistical gap: Kenya currently lacks a comprehensive law governing the conduct of a referendum. Rushing into one, he warned, would be “premature and potentially disruptive.”

The Hidden Agenda?

The public spat has fueled speculation that this is more than a legal debate—it is a battle for the soul of the 2027 race. Critics, including former Chief Justice David Maraga, have already flagged the referendum talk as a “political theatre.”

• Term Limits: Maraga warned that the true motive behind the constitutional review might be to extend presidential term limits, a claim the government has not officially addressed.
• Cost vs. Reality: With the cost of living still squeezing the average Kenyan household, the prospect of spending billions of shillings (estimated at over KES 10 billion for a standalone vote) on a political exercise is likely to face stiff public resistance.

“The prime objective of the regime's current drive to amend the constitution is to extend Ruto's presidential term; other proposals are camouflages,” Maraga alleged in a statement yesterday.

As the clock ticks toward 2027, the open discord between two of President Ruto’s most senior lieutenants suggests that the road to the next election will be anything but smooth. For now, the question remains: Is the government trying to save the Constitution, or rewrite it for political survival?