The Evolution of Kenya and the Promise of the 2010 Constitution
Kenya has experienced a remarkable transformation since its pre-Independence era, with significant changes in leadership, population dynamics, legislation, and policy. These shifts have had a profound impact on the daily lives of Kenyans. Many of these developments have been driven by successive governments aiming to promote and protect human rights, which are their primary duty-bearers.
At the heart of these changes is the Constitution of Kenya 2010, which introduced a new vision for governance and human rights. It was seen as a beacon of hope, promising meaningful reforms that would reshape the country’s political and social landscape. However, despite the constitutional reforms, many of Kenya’s systemic issues remain unresolved due to a lack of true constitutionalism—the consistent practice and respect of constitutional principles.
The 2010 constitution gave the people of Kenya a sense of optimism after decades of repression, poor governance, impunity, corruption, extrajudicial killings, enforced disappearances, police brutality, discrimination, inequality, and electoral-related violence. While there were high expectations for the proper implementation of the constitution and the realization of its benefits, the hope for a better Kenya is gradually fading.
The constitution aimed to instill hope by granting sovereign power to the people and proposing a new way of life through the establishment of various structures and institutions. These include the devolution of resources and power, the creation of Chapter 15 commissions, equitable allocation of resources, proper management of public finances, Chapter 4 on the Bill of Rights, the management of security, and an improved judiciary for better access to justice.
However, just as hopes died after the Narc government came into power, so too are the hopes for a better Kenya diminishing in relation to the realization of the 2010 constitution’s promises. Many constitutional provisions remain unfulfilled, leading to widespread governance challenges.
Corruption at both national and county levels continues to hinder Kenyans from accessing essential services, violating their fundamental rights such as the right to health, education, security, and livelihood. Transparency International’s latest report on bribery in Kenya highlights a disturbing trend of a widespread bribery culture that functions like a parallel taxation system for citizens seeking basic services.
Lawlessness remains a serious concern, with Kenyans witnessing extrajudicial executions, enforced disappearances, and abductions, allegedly perpetrated or tacitly condoned by the state. This is despite the existence of a robust legal framework, including Chapter 14 of the constitution, which focuses on national security.
The poor implementation of Article 37 of the constitution has led to some of the worst crowd control strategies, resulting in deaths, injuries, and significant loss of property and livelihoods. Discrimination in appointments and the provision of services has also become a growing issue within the civil service.
There are allegations of certain ethnic groups dominating positions of influence in the public service, based on reports from various agencies. Despite the existence of Article 232, which calls for the representation of Kenya’s diverse communities in the civil service, this issue persists.
Disobedience of court orders has become commonplace, indicating that the constitution itself is not the problem. To benefit from the constitutional provisions, it is essential to adopt a culture of constitutionalism—treating the constitution as a way of life rather than just a document for reference.
To move Kenya forward, there is an urgent need to strengthen constitutionalism by ensuring that constitutional provisions are genuinely respected and enforced. This requires reforms in governance, accountability, and the rule of law so that the spirit of the 2010 constitution translates into meaningful change in the lives of every Kenyan.
Constitutionalism will ensure that we live and practice the values espoused in the constitution, including upholding human rights, adherence to fundamental freedoms, integrity, transparency, democracy, participation of the people, good governance, respect for the rule of law, accountability, non-discrimination, equality, and sustainable development.
