Prime Cabinet Secretary Musalia Mudavadi has warned of a looming legal crisis in the 2027 general elections over failure to review electoral boundaries and update the country’s population data within the constitutional timelines.
He said the only way to secure the 2027 elections and address the pending constitutional gaps was through a national referendum, adding that in its absence, the Independent Electoral and Boundaries Commission will face hurdles ensuring fair allocation of resources across the country.
Mudavadi said there was an imperative need for constitutional review, 15 years after the promulgation of Kenya Constitution 2010 as failure to do so could see the elections nullified, even before they begin.
“2027 is a referendum moment. Our Constitution demands boundaries review every 8-12 years, a deadline that we missed in March last year and we are in a period of constitutional non-compliance,” he said in Vihiga.
Disputed population data from the 2019 census in Mandera, Garissa and Wajir and lack of updated national demographics due to rapid population growth, Mudavadi said, were among the issues making it hard for IEBC to adjust constituencies and ensure they receive the resources they deserve.
This also puts the protected constituencies at risk of exclusion.
“There is no valid population data, no valid boundaries and hence, no valid elections,” he noted.
The referendum, he said, will help address entrench National Government Constituency Development Fund (NG-CDF) and Senate oversight fund as well as the ward development fund to strengthen devolution and promote inclusivity.
“For a unified face of Kenyans in government, we must also formalize the Office of the Prime Minister and the Leader of the Official Opposition”.
The plebiscite, Mudavadi said, will also offer the government an opportunity to fully implement the two-third gender rule not as a constitutional requirement but as an act of fairness and inclusive democracy.
