The statements come in response to warnings issued by Prime Cabinet Secretary Musalia Mudavadi, who suggested that the upcoming elections could face nullification due to delays in reviewing electoral boundaries by the Independent Electoral and Boundaries Commission (IEBC).
In a post on his social media platforms, Duale shared a Supreme Court advisory issued in September 2025, emphasizing that the advisory did not fully resolve questions surrounding the timeline for constitutional compliance.
In a post on his social media platforms, Duale shared a Supreme Court advisory issued in September 2025, emphasizing that the advisory did not fully resolve questions surrounding the timeline for constitutional compliance.
According to Duale, there is no constitutional crisis, and the Kenyan Constitution already provides a clear and lawful path for the country to follow.
He noted that while certain questions about timelines for constitutional review remain unresolved, these can only be properly addressed once the IEBC returns and seeks a fresh advisory opinion from the Court.
“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,” Duale stated.
“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,” Duale stated.
He also pointed out that the Supreme Court, in its September ruling, had specifically noted that full guidance on boundary reviews could only be given once the IEBC was properly constituted, including a chairperson and the necessary commissioners.
Mudavadi, who also serves as the Cabinet Secretary for Foreign and Diaspora Affairs, had raised concerns over what he termed a “constitutional storm.”
Mudavadi, who also serves as the Cabinet Secretary for Foreign and Diaspora Affairs, had raised concerns over what he termed a “constitutional storm.”
He argued that Kenya faced a major legal crisis since the IEBC had not conducted a review of electoral boundaries, a requirement under the 2010 Constitution that mandates boundary reviews every eight to twelve years.
According to Mudavadi, the deadline for this review expired in March 2024, creating a risk that the 2027 elections could be legally challenged or even nullified.
The Prime CS further highlighted that the lack of a valid national census complicated matters. He cited the court’s nullification of the 2019 census results in Mandera, Wajir, and Garissa, which led to an order for a mini-census in these counties to be completed by January 2026.
The Prime CS further highlighted that the lack of a valid national census complicated matters. He cited the court’s nullification of the 2019 census results in Mandera, Wajir, and Garissa, which led to an order for a mini-census in these counties to be completed by January 2026.
Mudavadi proposed that the 2027 elections could be paired with a referendum to amend the Constitution, a suggestion that met resistance from opposition leaders and legal experts who argued it could undermine the electoral process.
Duale, however, provided a nuanced rebuttal. He referenced paragraph 64 of the Supreme Court advisory, which clarified that the Court could not fully address the issue of boundary delimitation because the IEBC was not properly constituted at the time of the filing.
Duale, however, provided a nuanced rebuttal. He referenced paragraph 64 of the Supreme Court advisory, which clarified that the Court could not fully address the issue of boundary delimitation because the IEBC was not properly constituted at the time of the filing.
The advisory directed that a reconstituted commission should formally seek guidance from the Court to ensure legal compliance.
The Health CS stressed that all legal questions surrounding the timeline for boundary reviews and other constitutional compliance matters would be resolved once the IEBC, now fully constituted, petitions the Court for an updated advisory opinion.
The Health CS stressed that all legal questions surrounding the timeline for boundary reviews and other constitutional compliance matters would be resolved once the IEBC, now fully constituted, petitions the Court for an updated advisory opinion.
This, he explained, ensures that the electoral process will proceed according to the rule of law and eliminates any fears of preemptive nullification of the 2027 elections.
Besides the Supreme Court ruling, several ongoing litigations are attempting to challenge the 2027 elections, citing constitutional concerns.
Besides the Supreme Court ruling, several ongoing litigations are attempting to challenge the 2027 elections, citing constitutional concerns.
However, Duale reiterated that the framework set out in the 2010 Constitution, along with guidance from the Supreme Court, provides a clear path for the IEBC to follow, safeguarding the integrity of the upcoming polls.
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