Senator Kibwana: Constitutional changes must be people-driven
By Faith Lagat, December 27, 2025Nominated Senator Hamida Kibwana has said any constitutional change in the country must be driven by the will of the people and anchored on broad public participation.
In a post on X dated December 27, 2025, Kibwana stated, “Any constitutional change must be people-driven. If Kenyans desire it, they must be fully consulted. However, at this moment, Kenyans are clear: constitutional change is not their priority.”
Her remarks come amid growing debate over proposals to hold a constitutional referendum alongside the 2027 general elections.
Kibwana’s comments respond directly to calls by Prime Cabinet Secretary Musalia Mudavadi, who has warned of a looming constitutional crisis that could affect the credibility of the next polls.
Mudavadi has argued that unresolved legal and constitutional requirements may render the elections invalid unless addressed through a referendum.
Legal risks to 2027 polls
Speaking during the 46th Muloogoli Cultural Festival in Mbale, Vihiga County, on December 26, 2025, Mudavadi said the Independent Electoral and Boundaries Commission (IEBC) cannot lawfully conduct elections without valid population census data and a completed boundaries review.
He noted that, “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 noted that the Constitution requires boundary reviews every eight to twelve years, but the latest timeline 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,” he said. He added that Article 89 caps constituencies at 290, limiting adjustments despite population growth that demands equitable representation.
Census dispute and referendum push
Mudavadi further cited a High Court ruling in January 2025 that nullified the 2019 census results for Mandera, Wajir, and Garissa counties, ordering a mini-census by January 2026. He warned that the situation creates a legal deadlock.
“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,” he said.
He also highlighted conflicts at the county level, where the Constitution empowers IEBC to adjust wards while the County Governments Act caps them at 1,450.
Mudavadi said a referendum could resolve these contradictions, implement the National Dialogue Committee (NADCO) report, and allow the creation of new wards and constituencies to bring resources closer to citizens.