Implement Constitution fully to solidify its gains

The 16th anniversary of the promulgation of the 2010 Constitution is a good opportunity to reflect on the achievements and challenges. Once touted as one of the most progressive documents to help enhance governance, this supreme law of the land is, of course, not perfect. Leaders are debating whether the constitutional promise is being matched by compliance and restraint. Indeed, the nation finds itself at a crossroads.

The creation of the 47 county governments has fundamentally shifted resources from the centre to the grassroots for impressive development. Citizens enjoy greater civil liberties, but there are some shortcomings.

President William Ruto has sparked debate on how far the courts should go in scrutinising government programmes. He has asked just how much “constitutional space” an elected administration should have to implement its manifesto.

This is hardly surprising, as the Kenya Kwanza administration has, since its election in 2022, faced protracted court battles that have disrupted and/or halted its agenda. But, we could not agree more with him that the courts must remain free to interpret the Constitution, protect rights and invalidate unlawful actions. However, the constitutional order must also protect the right of those elected to exercise lawful mandate.

President Ruto, who in 2024 denounced the GenZ protests against punitive taxes as treasonous, now says the young people were only exercising their constitutional freedoms to speak, assemble, demonstrate, picket and petition the authorities.

The new Constitution came after a long struggle to strengthen citizens’ rights and the institutional checks and balances. However, court orders are often ignored or bypassed.

Parliament has yet to implement the two-thirds gender rule and formalise development funds such as the NG-CDF. Chapter Six of the Constitution on "Leadership and Integrity" is poorly enforced, with people facing serious corruption allegations holding public office.

While the Constitution is sound, the primary hurdle is building a political culture that exercises restraint.

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