Maraga rejects Mudavadi’s referendum push, says constitution supremacy must prevail
By Joel Masibo, December 29, 2025Former Chief Justice David Maraga has warned against renewed calls to amend Kenya’s 2010 Constitution, insisting that the country does not face a constitutional crisis but rather a failure of leadership, integrity, and implementation.
In a statement released on Monday, December 29, 2025, Maraga said the sanctity of the Constitution is once again under threat, accusing the current administration of seeking constitutional changes for political convenience rather than the public good. His firm stand against the move comes after Prime Cabinet Secretary Musalia Mudavadi signalled a referendum alongside the 2027 general election.
However, the United Green Movement supremo has argued that the push for amendments is a calculated attempt to expand executive power and extend President William Ruto’s political influence, with other proposed changes serving merely as camouflage.
Constitution supremacy
“The supremacy of the Constitution is non-negotiable,” Maraga declared, reminding Kenyans that the 2010 Constitution was a transformative charter, crafted by the people and widely regarded as one of the most progressive in the world.
According to him, the tragedy fifteen years later is not that the Constitution has failed, but that leaders entrusted with its stewardship have deliberately refused to fully implement it.
Maraga has taken issue with recent remarks by Mudavadi, suggesting the country is in a so-called “constitutional moment.” He dismissed such claims as political theatre, arguing that politicians often manufacture constitutional crises when they seek to entrench power or create positions for allies.
”The recent remarks by high-ranking government officials, including Mr Musalia Mudavadi, suggesting a need to alter or amend our Constitution is both political theatre and shameless disregard for a Constitution that holds the unfulfilled hopes of the people,” Maraga said in a statement.
The 2027 presidential candidate also stressed that a true constitutional moment would be marked not by rewriting the law, but by faithfully obeying it.
Maraga cited long-standing failures such as the non-implementation of the two-thirds gender rule, inadequate funding of the Judiciary, and persistent violations of the Bill of Rights as evidence that the problem lies with the political class, not the Constitution itself.
No constitution crisis
”Let me be unequivocally clear: Kenya does not have a constitutional crisis. We have a crisis of implementation and a deficit of integrity,” he added.
Maraga also questioned the moral authority of individuals occupying offices he described as unconstitutional, arguing that such leaders lack both the legal and ethical standing to lecture Kenyans on how to amend the supreme law.
As economic pressures continue to mount, Maraga said proposals to expand government structures and create new offices are insensitive and insulting to ordinary citizens struggling with the high cost of living.
He noted that many Kenyans cannot afford basic food, healthcare, or school fees, making any attempt to burden them further through an expanded bureaucracy unacceptable.