A significant split has emerged within President William Ruto’s Cabinet as Health CS Aden Duale publicly countered Prime Cabinet Secretary Musalia Mudavadi’s push for a national referendum. While Mudavadi warns that missed boundary review deadlines could plunge the 2027 General Election into a legal crisis, Duale has dismissed the claims as “political excitement,” insisting that Kenya’s current laws and the Supreme Court are enough to fix any hurdles. This “polite telling off” highlights a deeper debate within the government: whether to spend billions on a national vote or stick to the existing constitutional script.
In a move that has sent shockwaves through the political corridors of power, Health Cabinet Secretary Aden Duale has firmly but diplomatically poured cold water on growing calls for a national referendum.
His remarks, issued on Monday, December 29, 2025, serve as a sobering legal reality check that directly contradicts the “referendum alarm” raised by Prime Cabinet Secretary Musalia Mudavadi just 48 hours earlier.
Duale, known for his reputation as a constitutional purist, insisted that Kenya is not on the brink of a crisis. He warned that rushing into a plebiscite could create unnecessary tension and financial strain where clear legal pathways principally through Parliament and the courts already exist.
The “Crisis” Debate: Duale vs. Mudavadi
The friction began when Musalia Mudavadi suggested that the failure to conduct constituency boundary delimitation by the March 6, 2024 deadline could render the 2027 elections null and void. Mudavadi’s camp has been pushing for a referendum to “rectify” these constitutional lapses.
However, Duale was quick to dismiss this as unnecessary panic.
- The Delimitation Delay: Duale clarified that the lapse in timelines was primarily due to the delay in constituting the IEBC, a matter that is already being handled by the judiciary.
- The “290” Rule: He reminded the nation that Article 89(1) of the Constitution fixes the number of constituencies at 290, meaning there is no immediate risk to the democratic process.
“The Constitution clearly outlines procedures for addressing uncertainties, with judicial guidance available whenever disputes arise. We don’t need a referendum to fix what a court order or a parliamentary act can resolve,” Duale noted.
The Missing Legal Framework
Perhaps the most damaging blow to the referendum push was Duale’s revelation that Kenya currently lacks a comprehensive law to govern how a referendum should even be conducted.
- Premature Move: Without a proper referendum law enacted by Parliament, any move toward a vote would be legally “premature and potentially disruptive.”
- Article 255 Test: Duale reminded enthusiasts that not every political wish qualifies for a referendum. Proposals like entrenching the Two-Thirds Gender Rule or the Senate Oversight Fund are already being processed through the bipartisan NADCO framework in Parliament.
Why This Matters for 2027
The “Duale Rebuke” signals a split in the top ranks of the Kenya Kwanza administration. While some see a referendum as a way to create new offices including the Office of the Prime Minister Duale is championing a “save the taxpayer” approach.
The Strategic Takeaway
In a political climate charged with speculation, Duale’s message stands out as a rare voice of restraint. By labeling himself a “constitutional purist,” the Health CS is betting on institutional strength over populist amendments. Whether the President will heed this “polite no” or side with the referendum enthusiasts remains the biggest question of 2026.
