Kenya’s democratic space is facing growing strain, according to human rights lawyer Evans Ogada, who says key institutions and public processes meant to safeguard the Constitution are steadily losing their purpose.
Ogada warned that the country is entering a dangerous phase where weak oversight, shallow public engagement, and unchecked power are eroding the foundations that hold the state together.
In an interview on Radio Generation on Monday, Ogada said the country’s independent commissions have moved away from the responsibilities given to them under the Constitution.
He noted that bodies such as the Ombudsman, the Kenya National Commission on Human Rights and the Independent Electoral and Boundaries Commission were set up to keep the three arms of government in check, but instead have been filled with individuals who are not carrying out their roles.
“Commissions are supposed to play two roles—oversight and regulation over the traditional three branches,” he said, adding that many of those appointed lack the knowledge or commitment needed for such roles. “We send people to these commissions, people who know nothing, people who want to be career commissioners… If they did their work and did it properly, we would not be in this mess,” he said.
Lawyer Ogada said this situation has left citizens exposed to political excesses that these institutions were designed to prevent. He also pointed out that public participation, which is outlined in Articles 10 and 118 of the Constitution, has been turned into a routine event instead of a real process meant to reflect the will of the people.
“Our people think public participation is a courtesy… You talk to people, then you do what you want, but it is not necessarily representing us,” he said, noting that the practice has been reduced to a formality. He added that the weakening of these processes has slowly drained energy from the country’s democratic culture. “You are invigorating the life of democracy because it has died along the way,” he said.
Ogada further warned that rising corruption and growing power in the executive are signs of deeper failures within state agencies. He questioned what it means for citizens when concerns are raised even about the actions of the top office.
“When you have such a damning segment for the head of state, what does that mean?” he asked, cautioning that leaving matters of constitutional protection to politicians alone would be dangerous. He warned that if the public becomes passive, “they will kill this Constitution.”
He urged Kenyans to take their role seriously and use available avenues to protect their rights.
“We have to go to court the way we normally do to enforce the Constitution… Let us ring-fence the Constitution by using legal strategies, civil mobilization, civic mobilization,” he said.
Ogada asked citizens, journalists, and activists to remain alert and speak out whenever necessary. He noted that democratic struggles seen in Tanzania and Uganda reflect challenges Kenya also faces.
“Tomorrow it will be you when they have come for everybody,” he warned.
As online platforms increasingly shape public debate, he encouraged Kenyans to use them in a responsible and coordinated way. “Let us use those platforms to counter disinformation, organize securely and send the message,” he said.
He concluded that defending Kenya’s democracy will rely on an active and informed citizenry rather than political leaders.
