Concerns as Kenya turns 14 under new constitution

By Moses Muli

Published: August 28,2024 11:30 AM

As Kenya marked 14 years yesterday since the adoption of the 2010 Constitution, concerns were raised about the government’s commitment to fully implement it.

The International Centre for Policy and Conflict (ICPC) said significant reforms are needed in the devolution process in line with the Constitution.

“The Constitution has kept faith and withstood harsh assault. It has remained the bulwark and shield to the people of Kenya,” ICPC executive director Ndung’u Wainaina said in a statement.

“While significant progress has been in implementing the Constitution critical segments remain unimplemented with attempts at circumventing or disregarding the implementation.”

He added: “People of Kenya have made vital steps in realising their political freedoms. However, the true individual freedom cannot exist without economic security and independence.”

Similar concerns were raised by the Azimio coalition, which said the Constitution envisaged comprehensive reforms in the security sector, particularly in the police service.

“However, progress has been slow, leading to continued issues of police brutality and inefficiency. We remain with a police service on paper but a police force in all its actions,” the party said in a statement.

“These are reminders that our Constitution is a living document, one that requires our constant vigilance, commitment, and respect.”

The party said all Kenyans should work together “to build a Kenya where the rule of law prevails, where every citizen is treated with fairness and dignity, and where our institutions serve the public good”.

Civil society organisations and human-rights advocates also weighed in, calling on the government and the political class to fully implement the supreme law.

They noted that several aspects in the Constitution are game changers for an economy like Kenya’s.

“We really have no business amending the document,” said Margaret Nyambura, a health lawyer with the Kenya Legal and Ethical Issues Network.

“Let’s try to see it reach its potential, and maybe in about 50 years’ time when it has already achieved its potential.”

Planned elections

Nyambura and Trust for Indigenous Culture and Health (TICH) programme manager Hellen Wangari Ireri were at the Dandora Community Park, where they joined the Dandora Social Justice Centre Travelling Theatre in marking Katiba Day, which coincided with the Kiwake Festival.

“It should at least live to see 25 years before we start discussing it, because by then we would have already exhausted some things such as marginalized communities. They would have already acquired the status that we desired for them,” Nyambura said, adding that the Constitution should not be touch for now.

“Let’s shun any conversations towards a referendum.”

She reckoned that were it not for the Constitution, young people could not have expressed their dissatisfaction with government policies and some of its actions recently when they protested against the Finance Bill 2024.

“We also witnessed recently what freedom of expression can do. We saw Kenya almost coming into a revolution because of direct exercise of sovereign power by the people, just a reminder to the elected representatives that they are there to represent the people,” she said.

She added: “So it’s exciting to see that at 14 years old, the Constitution like an adolescent. It’s deciding what it stands for, it has been protected … At this point, it will be great not to disturb it.

“It will be great to leave it alone. Let’s allow it to live its full potential and see what it can do.”

Wangari TICH echoed similar sentiments, calling upon all stakeholders involved in the process of implementing it to take up their responsibility seriously.

“If the recent Gen Z demonstrations are anything to go by, we don’t think it will continue to be just an option by anyone to respect the Kenyan Constitution,” she said.