As Kenya marks 14 years since the promulgation of the 2010 Constitution, it is disheartening to observe a troubling trend: the nation appears to be backsliding into the very issues it sought to overcome. Katiba Day, celebrated every August 27, commemorates the adoption of a constitution that once reflected our commitment to democratic values, good governance, and human rights—principles absent in the colonial-era constitution inherited at independence in 1963.
By the late 1990s and early 2000s, it was clear that the original constitution was inadequate for a growing and diverse nation grappling with political corruption, human rights abuses, and an alarming centralization of power. Ironically, these same issues plague us today, calling into question the effectiveness of the 2010 reforms.
The introduction of a devolved system of government aimed to bring governance closer to the people and promote regional development, resulting in the establishment of 47 counties. However, instead of being beacons of progress, many of these counties have become hotspots for corruption. The past decade has seen numerous impeachments of governors, including prominent figures like Martin Wambora of Embu and Mike Sonko of Nairobi, highlighting a grim reality: devolution has not quelled corruption but rather facilitated it.
Moreover, fundamental freedoms such as speech, assembly, and association have come under siege. These rights, enshrined in the 2010 Constitution, have faced significant challenges in recent years, contradicting the very essence of what the constitution was meant to protect.
The restructuring of the judiciary was another hallmark of the 2010 Constitution, intended to enhance independence and efficiency. Yet, under the current Kenya Kwanza administration, tensions between the executive and judiciary have become palpable. President William Ruto’s declarations that his government would disregard court orders halting key development programs signal a dangerous disregard for the rule of law. Such defiance undermines the judiciary's role in upholding justice and accountability.
Electoral reforms were also introduced to ensure transparency and fairness in elections. However, the fallout from the 2022 elections, where some Independent Electoral and Boundaries Commission (IEBC) commissioners distanced themselves from the presidential results due to alleged opacity, raises serious concerns about the integrity of our electoral processes.
If not acted upon, the promise of the 2010 Constitution is at risk of being overshadowed by the very challenges it sought to eliminate and as Kenyans, we may find ourselves trapped in a cycle that echoes the colonial era. This is a fate we must resolutely avoid as we commemorate Katiba Day in the years to come.
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