Health Cabinet Secretary has contradicted the Prime Cabinet Secretary's claims that there is a constitutional crisis in Kenya that could lead to the nullification of the 2027 general elections before they are even conducted.
In a post on his social media, Duale shared a Supreme Court advisory that was delivered in September 2025, which he says did not resolve the question of what should happen after the lapse of the constitutional guidelines.
"There is therefore no constitutional crisis. The Constitution has provided a lawful path and the Supreme Court has already explained how that path should be followed," the CS stated.
Duale emphasised that the question of timelines of the constitution review was still open and was awaiting proper guidance from the court. He noted that all the questions could be answered only after IEBC returns and seeks a fresh advisory opinion from the court.
Recently, Mudavadi raised an alarm in the country, noting that a constitutional crisis could prevent the country from holding the 2027 elections, as the IEBC had not reviewed the boundaries.
Mudavadi then proposed that, alongside the 2027 elections, Kenyans could have the opportunity to amend the Constitution through a referendum, a move that opposition leaders and law professionals rejected.
The Prime CS maintained that the country was facing a major legal crisis, where the 2027 election could be nullified even before it began. According to Mudavadi, the Constitution requires a boundary review every eight to 12 years, a due date that expired in March 2024.
"There is an imperative need for a constitutional review 15 years after the promulgation of the 2010 constitution. I must speak the truth about a looming constitutional storm. We are now in a period of constitutional noncompliance," Mudavadi stated.
Mudavadi, who is also the Cabinet Secretary for Foreign and Diaspora Affairs, said that IEBC could not just hold up the boundaries review now, since there is no valid national census, citing the court's nullification of the 2019 census in three counties. The courts ordered a fresh mini-census in Mandera, Wajir, and Garissa by January 2026.
But in a subtle rejoinder, Duale noted that the court was explicit that it could not fully address the issue of boundaries because the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted at the time.
The health CS pointed to paragraph 64 of the advisory opinion, where the court explained that fuller guidance could only be given once a new IEBC was in place.
The Supreme Court, Duale said, directed that the issue should be taken back to the court by a newly constituted IEBC, meaning responsibility now lies with the reconstituted commission to seek a fresh advisory opinion formally.
In a Supreme Court ruling in September 2025, it declined to provide complete guidance, citing the commission's incapacity to delimit boundaries due to a lack of commissioners at the time. This was after IEBC filed an instant reference seeking the court's advisory opinion on how it could review boundaries. The Supreme Court maintained that only a duly constituted commission comprising the chairperson and other commissioners could seek the court's advice on the matter.
Besides the September ruling, there are other litigation battles in court seeking to block the August 2027 elections and other elections from taking place due to constitutional concerns.
The 2010 constitution of Kenya establishes strict frameworks for boundary revision. It sets a minimum of eight years and a maximum of 12 years for boundaries review, insisting that any review must be completed 12 months before a general election.
