Kenya’s 16-year constitutional journey has reached a critical point, with former Law Society of Kenya President Faith Odhiambo warning that the country must confront the gap between the rights promised by the 2010 Constitution and the reality faced by many citizens.
In a message marking Katiba Day on Thursday, Odhiambo said Kenya had a progressive legal framework but continued to struggle with injustice, inequality, insecurity and exclusion. She said the anniversary should be used to examine how far the country has lived up to the ideals that shaped the Constitution.
“Today, we reflect not only on the Constitution we gave ourselves, but on the country we have become since 2010. Kenya stands at a difficult constitutional crossroads. We have a progressive legal framework yet too many citizens still experience injustice, inequality, insecurity and exclusion as daily realities.”
The Constitution was the outcome of decades of political and constitutional reform efforts aimed at reducing excessive executive power, strengthening democratic institutions and expanding the rights of citizens.
The process gained momentum following the disputed 2007 presidential election and the 2007-08 post-election violence, which left more than 1,000 people dead and hundreds of thousands displaced.
Kenyans approved the new Constitution in a referendum held on August 4, 2010. It was later promulgated by President Mwai Kibaki at Uhuru Park in Nairobi on August 27, 2010, ushering in a new constitutional order.
The 2010 Constitution expanded the Bill of Rights to cover civil, political, social and economic rights. It also introduced devolution, creating 47 counties and replacing the former provincial administrative structure.
Parliament and the Judiciary were given stronger roles, while constitutional commissions and independent offices were established to provide oversight. The new system also created checks and balances between the Executive, Parliament and Judiciary.
Article 1 places sovereign power in the people of Kenya, while Article 2 establishes the Constitution as the supreme law. Article 10 sets out national values that include democracy, public participation, human dignity, equality, social justice, inclusiveness, good governance, integrity, transparency and accountability.
Odhiambo said these principles should be reflected in the daily experiences of Kenyans, including how they access services, exercise their freedoms and receive protection from the state.
“The promise of Katiba must be felt not only in courtrooms and public speeches but at the cost of living, in public services, in the security of our homes and in the dignity of every Kenyan.”
She also honoured Kenyans who sacrificed during the struggle for multiparty democracy and the Second Liberation, saying their efforts helped create the conditions for constitutional change.
“We honour the women and men who paid the price for this democratic moment, those who endured detention, torture, exile, violence and political isolation so that Kenya could move beyond the culture of unquestionable power. Their sacrifice during the struggle for multiparty democracy and the Second Liberation made it possible for citizens to demand accountable government, defend civic freedoms and ultimately reclaim the power to make a new Constitution.”
Odhiambo said the Constitution should be viewed as an ongoing commitment rather than the end of Kenya’s reform journey.
“The 2010 Constitution was not an ending but a national decision to build a republic founded on human dignity, equality, social justice, participation and the rule of law.”
She warned that constitutionalism depends on institutions respecting the limits of their authority and meeting their legal obligations.
“Constitutionalism cannot thrive where public power is exercised without transparency, where court orders are treated as suggestions, where institutions are weakened, or where citizens are remembered only at election time.”
Odhiambo also called for the gains made through devolution to be protected while shortcomings in implementing the Constitution are addressed.
She said the best way to honour those who fought for constitutional change was to ensure that leaders remain subject to the law and every citizen enjoys equal protection.
“The finest tribute to the heroes of the Second Liberation is a Kenya in which no leader is above the law, no citizen is beneath its protection, and the Constitution remains a living covenant between the people and those entrusted to serve them.”