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Mudavadi: 2027 elections risk being nullified because of constitutional crisis

Mudavadi: 2027 elections risk being nullified because of constitutional crisis
Prime CS Musalia Mudavadi during a past event: PHOTO/@MusaliaMudavadi/X

Prime Cabinet Secretary Musalia Mudavadi has said the 2027 general elections are likely to be declared invalid if there is no referendum to streamline the constitutional requirements.

Mudavadi, in his speech during the 46th Moloogoli festival held in Mbale, Vihiga County, on Friday, December 26, 2026, said the 2027 general elections can only be conducted after a referendum is conducted.

Mudavadi said the Independent Electoral and Boundaries Commission (IEBC) cannot conduct general elections without valid population census data and a valid boundaries review.

Prime cabinet secretary Musalia Mudavadi during the 46th Muloogoli festival held at Mbale in Vihiga county on 26th December 2025: Photo/Enock Amukhale

“Remember, no valid population census data, no valid boundaries review, and no general elections. That is the law and not my words. We must embrace the referendum as a legal necessity to save our democracy,” Mudavadi said.

Pending legal obstacles

Mudavadi expressed his worry that only 20 months are remaining until the 2027 general elections, but there are several legal obstacles on the way.

He said, “Only 20 months are remaining for the 2027 elections to be conducted. There is a beaconing reality that 2027 is a referendum moment.”

“Allow me to state without fear or contradiction that there is a need for constitutional review. As a leader, I must speak the truth about the looming constitutional storm,” warned Mudavadi.

Mudavadi said the country is staring at a massive legal crisis where the 2027 elections could be nullified before they even begin.

He said the 2010 constitution demands a boundaries review every eight to twelve years, something that has not happened.

Prime Cabinet Secretary Musalia Mudavadi during a past event: PHOTO/facebook.com/Mudavadi.Musalia
Prime Cabinet Secretary Musalia Mudavadi during a past event: PHOTO/facebook.com/Mudavadi.Musalia

He noted with concern that the timeline in which IEBC was to conduct boundary reviews had elapsed in March 2024.

“The timeline for boundary review has passed. We are now in the period of non-constitutional non-compliance, and that is the trap we are in,” decried Mudavadi.

Mudavadi observed that boundary reviews cannot be conducted without valid population census data.

Cancellation of census results

He also said the move by the court nullifying census data of three counties, Wajir, Mandera, and Garrissa, has complicated everything.

He said the court ordered the mini census to be conducted for the three counties in January 2026.

“With mini census results in three counties, mixing 2019 census data with 2026 census data is a legal impossibility. This means there will be no valid population census data, no valid boundaries review and subsequently no general elections,” said Mudavadi.

Mudavadi also said the 2010 constitution under Article 894 limits IEBC from creating new constituencies from the current 290. He said the limitations also put protected constituencies in danger of facing extinction.

“At the county level, there is equally a serious conflict with the 2010 constitution that allows IEBC to name, rename, reduce or increase county wards.

Currently, the County Government Act limits wards to 1450 only,” said Mudavadi.

He said that with the boundaries review, more wards and constituencies will be created to serve the increased population and help bring resources closer to people. The Prime Cabinet Secretary also said the referendum will also help the implementation of the National Dialogue Committee (NADCO) report signed by President William Ruto and the late Raila Odinga.

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