Former Chief Justice David Maraga has broken his silence on the debate surrounding the referendum in the country before 2027, alleging that the government ultimately plans to increase President Ruto's term in office.
In a statement released by his office on Monday, December 29, the presidential hopeful dismissed Prime CS Mudavadi's claims that there was a constitutional crisis in the country and his calls for a constitutional review, noting that the country did not need a new constitution.
"The prime objective of the regime's current drive to amend the constitution is to extend Ruto's presidential term; other proposals are camouflages," he stated.
"Let me be unequivocally clear. Kenya does not have a constitutional crisis. We have a crisis of implementation and a deficit of integrity," he added.
Maraga also poked holes in Mudavadi's position as the Prime Cabinet Secretary, noting that Mudavadi held an office not recognised by the Constitution; therefore, he had no moral authority to "lecture' Kenyans about constitutional reforms.
He claimed that politicians often amended or called for constitutional reviews mainly because they wanted to create more offices for their friends. He cited concerns affecting Kenyans, noting that the country never needed new clauses or articles in the Constitution, but the current Constitution to work as it was envisioned.
"While politicians plot to expand the executive, the average Kenyan is struggling to survive. They cannot afford basic food, quality healthcare or school fees for their children," Maraga stated.
The former Chief Justice ended his statement by vowing to remain steadfast against the erosion of Kenya's democracy for what he described as "political convenience".
His reaction followed Mudavadi's call for constitutional review and referendum as the country approaches the 2027 elections.
Mudavadi proposed that, alongside the 2027 elections, Kenyans could have the opportunity to amend the Constitution through a referendum. 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.
Maraga now joins several leaders, especially the opposition and law professionals, in condemning Mudavadi's push. The leaders allege that the main reason why the executive was pushing for a constitutional review was to extend presidential term limits and not because the 2010 Constitution required so, as alleged by Mudavadi.
The issue of presidential term limit extension was first proposed by Nandi Senator Samson Cherargei from the current five to seven years. The senator proposed the constitutional amendment, a move that sparked national debate.
However, President Ruto has consistently rejected Cherargeis' proposals, describing them as foolish and unnecessary. The president maintained that he had no intention of staying in power beyond the two terms provided by the Constitution.
