Health Cabinet Secretary Aden Duale has firmly but diplomatically poured cold water on growing calls for a national referendum, offering a sobering legal reality check that subtly distances him from President William Ruto’s allies pushing the plebiscite agenda.
In a measured statement that underscores his reputation as a constitutional purist, Duale insisted that Kenya is not on the brink of a constitutional crisis, warning that rushing into a referendum could create unnecessary tension where clear legal pathways already exist.
Duale acknowledged that Prime Cabinet Secretary Musalia Mudavadi had raised concerns about potential constitutional challenges ahead of the 2027 General Election. However, he emphasized that the Constitution already provides mechanisms for resolving national questions — principally through Parliament and the courts.
“Calls for a referendum are not new,” Duale noted, “but the Constitution clearly outlines procedures for addressing uncertainties, with judicial guidance available whenever disputes arise.”
On the contentious issue of constituency boundary delimitation, Duale clarified that delays were caused by the prolonged lack of a properly constituted Independent Electoral and Boundaries Commission (IEBC). With constitutional timelines having lapsed, he argued that the matter now squarely lies with the Supreme Court and IEBC, not a referendum.
He cautioned that initiating a referendum without legal guidance could inflame political temperatures rather than offer solutions — especially when proposals on the same issues are already being processed through the bipartisan NADCO framework in Parliament.
Addressing hot-button topics such as entrenching development funds in the Constitution and enforcing the two-thirds gender rule, Duale stressed that Parliament is actively handling these matters through legislation that includes public participation.
Calling a referendum on issues already under parliamentary consideration, he warned, risks undermining lawful processes and injecting uncertainty into governance.
In what appears to be a gentle rebuke to referendum enthusiasts within government ranks, Duale reminded Kenyans that Article 255 of the Constitution clearly defines what issues qualify for a referendum.
“Every proposal must first pass the constitutional test,” he said, underscoring the need for legal sobriety over political excitement.
Perhaps most damning to the referendum push, Duale revealed that Kenya currently lacks a comprehensive legal framework governing how a referendum should be conducted.
“Without such a law, moving toward an immediate referendum would be premature and potentially disruptive,” he warned.
Crucially, Duale dismissed fears that the 2027 General Election is under threat, pointing out that Article 89(1) of the Constitution fixes the number of constituencies at 290, eliminating any immediate constitutional risk.
Duale concluded by striking a reassuring tone: there is no looming constitutional storm, no imminent danger to democracy, and no justification for panic-driven constitutional amendments.
“The Constitution remains firm, the legal pathway is clear, and our institutions are strong,” he said, reaffirming Kenya’s stability under the rule of law.
In a political climate charged with speculation and power plays, Duale’s message stands out as a rare voice of restraint — a polite but unmistakable signal that not every political question requires a national vote.
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