CS Duale openly differs with Mudavadi’s call for a referendum
By Kenneth Mwenda, December 29, 2025Health Cabinet Secretary Aden Duale has openly disagreed with Prime Cabinet Secretary Musalia Mudavadi’s suggestion to hold a constitutional referendum alongside the 2027 general election.
In a statement posted on his social media accounts on Monday, December 29, 2025, Duale described Mudavadi’s proposal as premature and potentially destabilising.
“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 wrote.
Duale highlighted several reasons why a referendum at this stage may be risky. On the issue of boundary delimitation, he noted that the Independent Electoral and Boundaries Commission (IEBC) could not act earlier because it was not properly constituted and the constitutional timeline had lapsed.
He said these matters now require guidance from the Supreme Court and IEBC, adding that moving towards a referendum without such guidance could create unnecessary tension.
Duale also pointed to ongoing parliamentary processes addressing issues such as the implementation of the two-thirds gender rule and the entrenchment of development funds. Duale warned that a referendum on issues already under parliamentary consideration could undermine these lawful processes.
“Not every issue qualifies for a referendum. Article 255 of the Constitution clearly lists what must be subjected to a referendum. Any proposal must first be tested against that standard,” he said.
Duale further argued that Kenya currently lacks a comprehensive law governing how a referendum should be conducted. Without such a legal framework, he said, moving towards an immediate referendum would be premature and potentially disruptive.
He also noted that Article 89(1) fixes the number of constituencies at 290 for elections, meaning there is no immediate constitutional risk regarding the 2027 General Election.
Mudavadi backs referendum plan
On the other hand, Mudavadi, who is also Cabinet Secretary for Foreign and Diaspora Affairs, has argued that a referendum alongside the next election could help settle long-standing constitutional issues. Speaking during an end-of-year interview, he suggested that unresolved matters, including those highlighted in the NADCO report, could be addressed through well-crafted referendum questions.
Mudavadi said that if properly structured, the process could be managed under the current IEBC and would save time and taxpayer money by combining the exercises. He emphasised that a referendum would give Kenyans the opportunity to vote directly on key issues such as the Constituency Development Fund and the two-thirds gender rule.
“Kenyans should buy into this idea, and we begin this discussion in 2026 ahead of the 2027 general election,” he said.