Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Dr. Musalia Mudavadi has stirred national debate after issuing a warning that the 2027 General Election could face serious legal challenges, including possible nullification, if urgent constitutional issues are not addressed in time.
Speaking during the annual Maragoli Cultural Festival held in Vihiga County on December 26, 2025, Mudavadi outlined critical constitutional and electoral gaps that, if left unresolved, could plunge the country into a post-election crisis. His remarks have since attracted mixed reactions from political leaders, legal experts, and Kenyans online.
According to Mudavadi, the Constitution requires the Independent Electoral and Boundaries Commission (IEBC) to conduct a boundary review within a stipulated timeline.
However, he noted that the last mandatory boundary review should have been undertaken by 2024, a deadline that has already lapsed. This, he said, creates a constitutional dilemma heading into the 2027 polls.
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Further complicating the situation is the issue of population data. Mudavadi explained that the country cannot rely on the 2019 national census for boundary review purposes after courts nullified census results in Garissa, Wajir, and Mandera counties.
The court ordered a fresh census in the affected regions, which is scheduled for January 2026. With such timelines, Mudavadi argued, it would be practically impossible to complete a credible boundary review before the 2027 election.
He warned that proceeding with elections under these circumstances could result in poor representation and open the process to legal challenges that may invalidate the outcome.
To resolve the looming crisis, Mudavadi proposed holding a national referendum alongside the 2027 General Election.
He said the referendum would allow Kenyans to amend key sections of the Constitution to address governance and representation challenges.
Among the proposed changes are the reintroduction of positions such as Prime Minister and Leader of the Opposition, aimed at strengthening inclusivity, accountability, and political stability.
Mudavadi’s remarks have reignited debate on constitutional reforms, with many questioning whether the country has the political will and time to implement such far-reaching changes before 2027.
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