Sixteen years after Kenya ushered in a new constitutional order, Deputy President Kithure Kindiki has challenged the country to take stock of what has worked, what has fallen short and whether the 2010 Constitution has delivered the democratic freedoms, accountable leadership and better lives it promised.
Speaking at the Katiba Day Symposium at the Kenyatta International Convention Centre (KICC) in Nairobi on Thursday, August 27, Kindiki said the anniversary should not only be a celebration of the Constitution but also an opportunity to assess how well the country has implemented it.
He said Kenyans should examine progress in democracy, devolution, human rights, accountability and economic development while also looking at how constitutional institutions have performed since 2010.
Kindiki said the country should reflect on how far it had moved towards achieving the aspirations that led Kenyans to approve the Constitution 16 years ago.
“It is an occasion to look at how far we have traveled in the journey of living up to the aspirations of our constitution as captured in the preamble, which has just been decided for us, but also in the foundational articles of the constitution that form the bedrock upon which our constitutional architecture is raised.”
The Constitution was approved in a national referendum on August 4, 2010, with 67% of voters supporting it before it was promulgated by President Mwai Kibaki on August 27, 2010.
It replaced the previous constitutional order after decades of calls for political and institutional reforms. The review process included the work of the Constitution of Kenya Review Commission and the Committee of Experts.
The 2010 Constitution introduced a new system of governance based on the sovereignty of the people, separation of powers, an expanded Bill of Rights, independent constitutional commissions and a devolved system of government made up of 47 counties.
It also established distinct but interdependent national and county governments, changing how power and responsibilities are exercised across the country.
Kindiki said the 16th anniversary was an important moment to examine whether Kenya had remained faithful to the values and principles set out in the Constitution.
He said the country’s constitutional identity recognises its cultural, ethnic, racial and religious diversity while requiring citizens to remain united as one sovereign nation.
“It defines us as a multicultural, multiethnic, multiracial, multi-religious society determined to live together as one sovereign, indivisible nation. It is a good time for us to reflect on how far we have advanced our sovereignty and the sovereignty of the people of Kenya, how far we have kept the unity of our nation, and how far we've traveled in forging tolerance and finding strength as a nation in our diversity.”
The Deputy President said the assessment should also focus on the relationship between citizens and State institutions as well as how the Executive, Legislature and Judiciary have worked within the constitutional framework.
He called for a review of the progress made in strengthening devolution and protecting the independence of constitutional institutions.
Kindiki also said Parliament and the Judiciary should be assessed on how effectively they have carried out their constitutional responsibilities, including oversight of the Executive and interpretation of the law.
“We need to examine the relationship among the arms of government themselves and the levels of government, and how we have come to perfect devolution, respect the independence of the judiciary and the legislature, how far the legislature has been a check on the Executive, and how far the judiciary has helped us to interpret the laws of our land.”
He further pointed to Articles 10 and 232 of the Constitution as key provisions in determining how the country operates.
Kindiki described the two articles as the “software” of the nation, saying implementing the Constitution should not be limited to creating institutions and putting systems in place.
He said the country should also assess whether national values, the rule of law, human rights, democracy, environmental sustainability and accountability are being followed in practice.
The Deputy President also connected the success of the constitutional order to Kenya’s economic progress, saying democracy should result in tangible improvements in the lives of citizens.
“The aspiration of our constitutional order is very much about democracy, but it's also very much about creating wealth for the citizens of Kenya, empowering the citizens, and realizing the aspects of the Bill of Rights that give dignity and empowerment to the citizen, creating a wealthy, healthy Kenya.”
Kindiki said Kenya’s constitutional journey should therefore be judged not only by political and institutional changes but also by whether citizens are enjoying greater dignity and access to essential services.
He said the country should pursue democratic development alongside wealth creation, decent housing, healthcare and access to services that improve the quality of life.