Mudavadi hits back at former CJ Maraga over referendum push

Prime Cabinet Secretary Musalia Mudavadi in Eldoret  a consultative meeting with local leaders. [Peter Ochieng, Standard] 

Prime Cabinet Secretary Musalia Mudavadi has told off former Chief Justice David Maraga for criticising his push for a referendum simultaneously with the 2027 general election.

Mudavadi maintained that the country’s constitution will be amended in 2027 through a referendum alongside the Election in August that year.

The Prime Cabinet Secretary said in Eldoret on Monday that Maraga was insincere in faulting the push for a constitutional amendment.

According to Mudavadi, the former CJ was opposing a proposed referendum which, he said, would correct constitutional gaps which he (Maraga) pointed out through his judgments.

Mudavadi said the proposed amendments will resolve the two-thirds gender principle, which has rendered parliament unconstitutional since 2013.

He said the government will not be derailed by the opposition in its push to entrench National Government Constituency Development Fund (NG-CDF) in the constitution.

Mudavadi said Maraga should not oppose a campaign that seeks to correct issues he raised but were never implemented while he was still serving as CJ.

 “Maraga should refer to his own judgments. He wrote a letter to former President Uhuru Kenyatta asking him to dissolve Parliament after the house had failed to institute the third gender rule,” Mudavadi said.

Mudavadi further said: “Maraga had declared NG-CDF illegal, and should not oppose an amendment to entrench it in the constitution. He had written to Uhuru asking him to dissolve Parliament because the legislature had disobeyed orders that declared NGCDF unconstitutional.”

The Prime Cabinet Secretary’s push was backed by Kakamega Deputy Governor Ayub Savula, who said that the move will cause the creation of the Office of Prime Minister to ensure inclusion after the 2027 polls.

“We want to make sure that NG-CDF is put under the constitution and we introduce the position of Prime Minister under the constitution so that all communities share power and feel that they are accommodated in the government,” Savula said.

He said the former CJ should stop terming Mudavadi’s position in government and stated that the Prime CS was vetted and approved by parliament.

“If Maraga has any issue about the creation of the Office of Prime CS, he should have moved to court to stop it at the time the position was established. He has been overtaken by events,” said Savula.

Maraga had alleged that the push to amend the Constitution is aimed at extending the presidential term limit, a claim that Mudavadi dismissed, maintaining that the two issues – entrenchment of NG-CDF in the constitution and solving the two-thirds gender rule question.

In a statement on Monday, Maraga claimed that state officials were plotting to use the constitutional amendment clamour 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 stated.