Sixteen years after Kenyans adopted the 2010 Constitution, President William Ruto has called for a national assessment of its implementation, challenging the country to look beyond celebrations and examine whether the rights, freedoms and institutions created by the supreme law have delivered meaningful change in citizens’ daily lives.
Speaking during the Katiba@16 celebrations in Nairobi on Thursday, Ruto said the anniversary should serve as a moment for the country to take stock of its constitutional journey and determine whether the promises made in 2010 have been fulfilled.
“Katiba 16 years later must be more than an annual anniversary. It must be a day of national accounting,” he said.
Ruto questioned whether state institutions had used the powers given to them responsibly, protected citizens’ rights and remained faithful to the purposes for which they were created.
He said the Constitution was designed to control the use of power through checks and balances while also requiring the government to protect citizens and progressively deliver their social and economic rights.
The President placed particular focus on Article 43, which guarantees rights to healthcare, housing, sanitation, food, clean water, social security and education.
“These are not fundamental provisions placed in our constitution. They are fundamental rights,” he said.
Ruto said the success of the Constitution should therefore be judged by what Kenyans experience in their everyday lives, rather than how often leaders and institutions quote it.
“To my mind, the ultimate test of constitutional implementation is not how often we quote the constitution or invoke constitutionalism. It is how closely the daily experience of the citizens reflect the promise of the constitution,” he said.
The President defended his administration’s record, saying its focus on healthcare, affordable housing, food security, education and social protection was aimed at turning the rights under Article 43 into practical benefits for Kenyans.
He said more than 32 million Kenyans had registered with the Social Health Authority, while more than 100,000 community health promoters were serving households.
Ruto also cited the construction of more than 274,000 affordable houses, the recruitment of more than 100,000 teachers and the construction of 23,000 classrooms as part of efforts to deliver on constitutional rights.
He acknowledged that more remained to be done but said the programmes were helping make the promises contained in the Constitution a reality for more citizens.
Looking beyond 2030, Ruto said Kenya needed a national development charter that would measure progress not only through economic growth but also through dignity, opportunity, security and quality of life.
The President also addressed the 2024 protests, saying the Constitution protects the right of Kenyans to peaceful assembly while stressing that the right does not cover violence, looting or destruction of property.
He called for investigations into allegations of unlawful arrests, enforced disappearances and excessive use of force during the protests.
Ruto said peaceful demonstrations were protected under Article 37 and should be respected, while those who engage in violence or destruction should not claim constitutional protection for such actions.
“Rights and responsibilities are not enemies,” he said.
Kenya promulgated the current Constitution on August 27, 2010, after Kenyans approved it in a referendum held on August 4 that year.
The Constitution replaced the independence-era framework and introduced major changes to Kenya’s system of government, including a bicameral Parliament, 47 county governments and stronger checks and balances among state institutions.
Kenya’s independence Constitution came into force in 1963 before being replaced by the 1969 Constitution. In 1982, the country became a de jure one-party state following the introduction of Section 2A.
The repeal of Section 2A in 1991 restored multiparty politics after years of political pressure.
The push for constitutional reform gained fresh momentum following the 2007-08 post-election crisis and the National Accord. A Committee of Experts was later established as part of the review process, leading to the draft Constitution that was approved in the 2010 referendum and promulgated by President Mwai Kibaki on August 27, 2010.