Former Chief Justice David Maraga has warned that the renewed calls to amend Kenya’s Constitution are part of a covert effort to extend President William Ruto’s stay in office.
In a statement issued on Monday, December 29, Maraga accused senior government figures of promoting a referendum under the banner of a so-called constitutional moment, while allegedly pursuing a hidden agenda to prolong Ruto’s presidential term.
“The sanctity of our supreme law is once again under siege from the Ruto administration and its loyal operatives. Kenyans must remain alert,” Maraga cautioned.
He asserted that the central aim of the proposed constitutional changes is to alter presidential term limits, describing other suggested amendments as deliberate distractions.
“The overriding objective of this regime’s push to amend the Constitution is to extend Ruto’s tenure. Everything else is merely camouflage,” he said.
The former Chief Justice, who has expressed interest in the 2027 presidential race, criticised Prime Cabinet Secretary Musalia Mudavadi’s support for a referendum, branding it a blatant assault on constitutionalism.
Maraga argued that Kenya is not facing a constitutional breakdown, but rather a failure of leadership to implement existing laws and uphold ethical standards.
“There is no constitutional crisis. What we have is an implementation crisis and a severe integrity deficit,” he said.
He added that genuine constitutional reform lies not in rewriting the law, but in respecting it.
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“The real constitutional moment will come when we decide to obey the Constitution as it stands. From the two-thirds gender rule to adequate funding of the Judiciary and safeguarding the Bill of Rights, this administration has repeatedly chosen to defy the law instead of honouring it,” Maraga stated.
According to him, Kenyans are not calling for a referendum, but for the 2010 Constitution to be allowed to function as originally intended.
Maraga also announced the formation of the Ukatiba Movement, an initiative aimed at defending the current constitutional framework.
“I have taken up the responsibility of leading the Ukatiba Movement. It stands on one clear and uncompromising principle: absolute loyalty to the Constitution. Our goal is to protect citizens from the burden of an inflated and unlawful bureaucracy, and to ensure power remains firmly in the hands of the people,” he said.
His remarks come days after Mudavadi reiterated the need for a constitutional review, 15 years after the promulgation of the 2010 Constitution.
In a statement released on Friday, December 26, Mudavadi warned that Kenya could be heading into a legal quagmire that may jeopardise the 2027 general election.
He cited the failure to conduct a review of electoral boundaries within the constitutionally mandated timeframe, noting that the deadline expired on March 6, 2024.
“We are staring at a serious legal crisis that could potentially nullify the 2027 elections. The Constitution requires a review of electoral boundaries every eight to twelve years. That deadline has already passed, placing us in a state of constitutional non-compliance,” Mudavadi said.
To address the issue, the Prime Cabinet Secretary proposed holding a referendum concurrently with the 2027 general election.
“A referendum held alongside the 2027 polls is not simply a political option. It is a legal necessity to harmonise our laws, unlock funding for constituencies, and ensure the elections are conducted on a sound constitutional footing,” Mudavadi stated.
