Inside the push for a referendum: 2 new offices & funds Mudavadi wants
As Kenya inches closer to its pivotal 2027 general elections, a bold proposal from Prime Cabinet Secretary Musalia Mudavadi to have a constitutional referendum to be held on the same day as the polls, has sparked debate across the nation.
Mudavadi maintains that the move is crucial in addressing critical unresolved governance issues which must be put to a direct vote by the people.
As expected, the proposal sparked debate with the PCS defending his position and explaining why he believes that 2027 is a referendum moment for the country.
What Mudavadi wants
The former Sabatia lawmaker explained that some constitutional issues that need to be addressed have clear timelines outlined in the constitution and can be framed into a referendum question(s) and presented to Kenyans for the final vote in a referendum.
We can use the 2027 election as the first example to have those issues that have never been resolved crafted well into sensible referendum questions that will help amend our 2010 constitution.
According to the PCS, staging a referendum will avert a legal crisis that if not handled in time, could render the 2027 election illegal.
He cited the failure to conduct boundary delimitation as a n example of a legal crisis that could see the 2027 election declared null and void.
We are staring at a massive legal crisis where the 2027 election could be nullified before it event begins. Our 2010 constitution demands boundaries review every 8-12 years. Our deadline was March 6, 2024. We have passed it. We are now in a period on constitutional non-compliance.
New funds and offices
Creation of new funds is also at the centre of Mudavadi’s proposal whose timing has raised eyebrows with the PCS explaining what he wants.
He championed for the creation of two funds while also rooting for the Constituency Development Fund to be entrenched in the constitution.
We need also t introduce a new development fund namely the Senate Oversight Fund to cater for the specific role played by Senators in providing for devolution.
That means we make CDF constitutional and we also make the senate funds constitutional. We should also constitutionalise the proposed creation of ward development fund.
Mudavadi also made known his desire to create more positions that will be an additional burden to taxpayers.
He called for the creation of the office of the Prime Minister and Leaders of Official Opposition through a referendum.
While Mudavadi sees it as a high-stakes constitutional moment, critics note that the proposal to introduce more positions is a political bargaining chip to create positions that will be dished out to politicians in exchange for their support.