Former Chief Justice and 2027 presidential aspirant David Maraga. Photo/Handout
By Newsflash Writer
Former Chief Justice and 2027 presidential aspirant David Maraga has strongly criticized Prime Cabinet Musalia Mudavadi over his call for a constitutional referendum in 2027.
Mudavadi recently argued that Kenya is facing a legal and constitutional crisis unless certain articles, including Article 89, are reviewed.
Maraga, through a statement on Monday, December 29, 2025, described the move as political theatre and warned Kenyans that the real motive behind the government’s push is to extend President William Ruto’s term. “The sanctity of our supreme law is once again under threat by the Ruto regime and its faithful handlers. Kenyans be warned,” Maraga said.
He emphasized that the 2010 Constitution, widely regarded as one of the world’s most progressive, remains a transformative framework. “The tragedy of our nation is not that the Constitution has failed us, but that those entrusted with its care have deliberately refused to let it breathe,” he added, noting that calls for amendments are camouflaged attempts to serve political interests.
No constitutional crisis
Maraga dismissed claims by Mudavadi and other officials that Kenya is in a “Constitutional Moment,” arguing that politicians often manufacture such moments to expand their powers or create offices for allies. “The true constitutional moment is not the day we change the law, but the day we finally decide to obey it,” he said.
He cited the government’s failure to fully implement the two-thirds gender rule, adequately fund the judiciary, and protect the Bill of Rights as evidence that the country’s challenges stem from a crisis of implementation and a deficit of integrity—not flaws in the Constitution itself.
Read more: Mudavadi: Why Kenya needs a referendum in 2027
“Kenyans do not want new articles or clauses; they want the 2010 Constitution to work for them as it was envisioned,” Maraga said.
He further condemned the notion that individuals holding offices not recognized by the Constitution have the authority to dictate changes. “A person holding an unconstitutional office has no moral or legal authority to lecture Kenyans on constitutional ‘fixes,’” he said.
Ukatiba Movement to uphold constitutional supremacy
Maraga argued that while politicians plot to expand the executive and create additional offices, ordinary Kenyans are struggling with the rising cost of living, access to healthcare, and school fees. “To ask these same Kenyans to fund an expanded government through constitutional changes is not just tone-deaf; it is an affront to their dignity and insult to their intelligence,” he said.
In response, Maraga announced the launch of the Ukatiba Movement, a campaign rooted in strict fidelity to the Constitution.
Read more: ODM split widens over cooperation with Ruto
The movement seeks to shield citizens from the costs of a bloated and illegal bureaucracy and to ensure that political power remains with the people.
“We do not need a new Constitution. We need leaders who respect the one we already have,” Maraga said, pledging to defend Kenya’s democratic foundations against political manipulation and preserve the supremacy of the Constitution for future generations.
