Editor's Review

Former Chief Justice David Maraga has alleged that the renewed push to amend the Constitution is aimed at extending the presidential term limit. 

Former Chief Justice David Maraga has alleged that the renewed push to amend the Constitution is aimed at extending the presidential term limit.  

In a statement on Monday, December 29, Maraga claimed government officials are calling for a referendum under the guise of a constitutional moment, but behind are plotting to extend President William Ruto’s tenure.

“The sanctity of our supreme law is once again under threat by the Ruto regime and its faithful handlers. Kenyans, be warned.

“The prime object of the regime’s current drive to amend the Constitution is to extend Ruto’s presidential term. The other proposals are camouflages,” said Maraga.

The 2027 presidential hopeful termed Prime Cabinet Secretary Musalia Mudavadi’s push for a referendum as a shameless disregard for the Constitution.

File image of Prme CS Musalia Mudavadi. 

Maraga argued that Kenya does not have a constitutional crisis, but rather an implementation crisis and a deficit of integrity.

“The true constitutional moment is not the day we change the law, but the day we finally decide to obey it.

“From the realization of the two-thirds gender rule to the full funding of the Judiciary and the protection of the Bill of Rights, the current administration has shown a blatant propensity to flout the law rather than fulfill it,” he stated.

Maraga went on to emphasize that Kenyans do not want a referendum, but for the 2010 Constitution to work for them as it was envisioned.

Further, the former Chief Justice announced the launch of the Ukatiba Movement, dedicated to upholding the existing Constitution.

“I have committed myself to lead the Ukatiba Movement. This movement is founded on a singular, unwavering principle: Strict fidelity to the Constitution. Our mission is to protect Kenyans from being burdened with the costs of a bloated, illegal bureaucracy and to ensure that the power remains where it belongs - with the people,” Maraga added.

This comes after Mudavadi said there is a need for a constitutional review 15years after the promulgation of the 2010 constitution.

In a statement on Friday, December 26, Mudavadi said the country stares at a legal crisis that could lead to the nullification of the 2027 general election.

Mudavadi pointed out that the deadline for the review of electoral boundaries has already lapsed.

“We are staring at a massive legal crisis; this is the potential nullification of the 2027. Our 2010 Constitution demands a boundaries review every 8 to 12 years. Our deadline was March 6, 2024. We are now in a period of constitutional non-compliance,” he said.

The Prime Cabinet Secretary proposed that a referendum be held alongside the 2027 general election.

“A referendum held alongside the 2027 election is not just a political choice, but a legal necessity to harmonize our laws, secure funding for our constituencies, and ensure the 2027 elections are grounded in constitutional,” Mudavadi stated.