Sixteen years after Kenya adopted a new constitutional order, former Planning Principal Secretary Irungu Nyakera has challenged Kenyans to take a hard look at whether the 2010 Constitution has delivered the accountable leadership, stronger institutions, devolution and protection of rights it promised.
Nyakera raised the questions on Thursday, August 27, 2026, as the country marked the 16th anniversary of the Constitution’s promulgation at Uhuru Park in Nairobi. In a Facebook post, he called for an honest review of what has been achieved since the new law came into force and what remains unfinished.
The Constitution was approved by 67 percent of voters in the August 4, 2010 referendum before it was promulgated by then-President Mwai Kibaki on August 27, 2010. It replaced the constitutional system that had been in place since Kenya gained independence in 1963.
Its adoption followed years of calls for political reform, including demands for greater political freedom, limits on presidential power, stronger protection of human rights and better checks on the Executive. The reform process gathered pace after the disputed 2007 presidential election and the violence that followed, leading to a mediation process led by former United Nations Secretary-General Kofi Annan.
The 2010 Constitution brought major changes to Kenya’s system of government. It established 47 county governments, strengthened the separation of powers among the Executive, Parliament and Judiciary, expanded the Bill of Rights and gave greater protection to independent constitutional commissions.
It also aimed to increase public participation, promote equality and social justice, improve accountability and spread political and administrative power beyond the national government. The Constitution states that sovereign power belongs to the people and is exercised at both national and county levels.
With that record in mind, Nyakera said the anniversary provides an opportunity for Kenyans to assess whether the promises made in 2010 have been met.
“Today marks sixteen years since Kenya promulgated the 2010 Constitution. Sixteen years is enough time to ask honestly what has worked, what we have failed to implement and what now needs to change.”
He questioned whether the country’s approach to taxation, borrowing and public spending was delivering the services and opportunities Kenyans need.
“Public finances and taxation: Are Kenyans overtaxed? Are we borrowing responsibly? Does our spending reflect our real priorities of jobs, healthcare, education, water and opportunity or are we simply working to service debt and recurrent expenditure?”
Nyakera also raised questions over the protection of civil liberties and the ability of citizens to hold the government to account without fear.
“Rights and State excesses: Are citizens genuinely free to protest, speak and challenge government without fear of abduction or death? Should IPOA be disbanded or rebuilt?”
He further questioned whether institutions created to provide checks and balances have enough strength to restrain presidential power.
“Checks on presidential power: Are Parliament, the Judiciary and our independent institutions strong enough to check the Executive? Have we allowed the presidency to become too powerful?”
On devolution, Nyakera questioned whether county governments had delivered enough benefits to people at the grassroots and raised concerns over the role of deputy governors.
“Devolution and county government: Has devolution delivered enough value at the grassroots? Do we still need a Deputy Governor’s office with no defined functions?”
He also questioned why voters have continued to face difficulties in using their constitutional power to recall MPs who are not performing.
At the same time, Nyakera backed the implementation of recommendations contained in the National Dialogue Committee report, including proposals touching on political offices, electoral reforms, inclusivity and the two-thirds gender rule.
He warned against any efforts to alter presidential term limits, saying the restriction should remain protected.
“Presidential term limits: We must reject any attempt to extend political tenure or weaken the two-term limit. That safeguard must remain protected.”
Nyakera said the Constitution should not be treated as untouchable, arguing that amendments can be considered where experience shows that changes would benefit citizens.
“As Kenyans, we should never be afraid to review and amend our Constitution where experience shows that change will genuinely serve the people. But constitutional reform must never be used to serve the interests of those in power.”