Recent calls fronted by the Prime Cabinet Secretary, Musalia Mudavadi calling for a constitutional referendum to be held concurrently with the 2027 General Elections is not only appalling but also scandalous. His argument that this is a “constitutional moment” is laughable and questionable.
The constitutional review proposal focuses on four structural and legal reforms that are being presented as a crisis and an overdue exercise that must be concluded as fast as possible. This is a ploy to create panic.
The first agenda, according to the referendum call, is the institutionalising of some new offices—Prime Minister and Leader of the Official Opposition—ostensibly to ensure more inclusive representation and political stability.
This, according to Kenyans, is not a priority. Additional constitutional offices mean more taxpayers' money will be spent on salaries and office maintenance.
The late President Mwai Kibaki used to wonder, “some people become clever suddenly,” and are now pushing for “constitutional compliance”. As a result, there is “urgency” to meet the constitutional deadline for boundary delimitation, with Mr Mudavadi warning this could lead to a legal crisis or nullified elections in 2027.
We have had this matter pending for a long time, including a Supreme Court Advisory Opinion initiated by the Independent Electoral and Boundaries Commission, which was not given prominence by leaders.
The other reasons fronted by the leaders—cost efficiency through merging the referendum with the elections to save on costs, and reducing voter apathy by using the referendum as a tool to mobilise voters —are hollow and baseless. Any constitutional process must be given prominence and allocated resources since its implications on Kenyans are significant.
Let’s be careful not to review the constitution for the purpose of creating offices that will continue to enrich politicians. It is true that we might need to revise some constitutional provisions.
These include the education and health provisions, which touch on the livelihoods of Kenyans. Anything else is just hot air to scare Kenyans and box them into expanding political offices.
