Why no referendum is needed before 2027 elections

National Assembly Constitutional Oversight and Implementation Committee Chairperson Caroli Omondi has said that the 2027 general election will be held on the appointed day, contrary to the suggestion by Prime Cabinet Secretary Musalia Mudavadi that a referendum must be held first.

Omondi said that his Committee had already held consultations with the Independent Electoral and Boundaries Commission(IEBC) over its preparedness for the next general election.

He termed as misplaced Mudavadi's assertions that the next general election cannot be conducted in the current circumstances as misplaced.

The Suba South MP said that it was time to form a People's Alliance to protect the sanctity of the constitution.

He said stakeholders ranging from politicians, workers and members of the public are wondering why Mudavadi has come up with the suggestion at the eleventh hour.

“You cannot say there cannot be an election in Kenya since the boundaries have not been reviewed on the pretext that there was no census in three counties. Kenyans do not need a referendum to change the constitution before the next general election, the suggestion is a red herring,” said Omondi.

He asked the IEBC to seek an advisory from the Supreme Court or make a decision on the matter as an independent commission, cautioning the Commission against allowing politicians to dictate its operations.

 Omondi, who was speaking in Nairobi, said a review of boundaries only changes constituencies’ boundaries, populations and names and not the addition of any new ones, with the Constitution setting them at 290.

The Suba South MP said that IEBC cannot review County boundaries, which is the work of Parliament, and that the commission can only add more electoral wards but not Constituencies or Counties.

People's Liberation Party Leader Martha Karua termed the suggestion by Mudavadi as suspicious and accused President William Ruto’s administration of being hypocritical.

“Kenyans should be wary of constitutional changes being pushed by a regime that has shown that it does not obey the constitution on several instances. Why call for a referendum, yet we have not yet fully adhered to the current constitution?” Karua said.

DAP-K Party Leader Eugene Wamalwa said Mudavadi’s remarks give Kenyans more reason to vote out the Kenya Kwanza administration in the 2027 general election since it was clear that it was only after championing the interests of a select few benefiting at the expense of the majority.

“Kenyans need to be told why it is urgent to carry out a referendum to amend the constitution now while there are very many pressing issues that the government should address, many Kenyans could not even celebrate Christmas because of the high cost of living,” said Wamalwa.

Mudavadi defended his proposal to hold a referendum alongside the 2027 general election, warning that failure to conduct constituency boundary delimitation within the constitutional eight-to-twelve-year window could render the polls null and void.

Speaking during the Maragoli Cultural Festival in Vihiga County on Friday, Mudavadi said the process is a constitutional requirement that cannot be ignored without serious legal consequences.

The call for a referendum has elicited mixed reactions across the country, with a section of the church now rejecting the push to have the constitution amended. 

Speaking on Sunday when he presided over the last service of the year, the Provost of All Saints Cathedral, Evans Omollo, said there was a need to fully implement the new 2010 Constitution before indulging in the conversation of its amendment.  

"We have a new constitution, only 15 years old. There are many sections of this constitution we have not implemented." he said. 

Earlier this week, Prime Cabinet Secretary Musalia Mudavadi hinted at the country having a constitutional referendum alongside the general election in 2027, arguing that there are some constitutional issues that need to be resolved. 

However, Provost Omollo opposed the call, saying: "Let us fully implement this constitution before we begin the conversations of elements that we need to enact." 

Additional Reporting: By Okumu Modachi