Kenya on Thursday marked 16 years since the promulgation of the 2010 Constitution, with President William Ruto and former Attorney General Prof. Githu Muigai reigniting debate over whether the country has fully realised the document’s promise.
The Constitution, widely regarded as one of Africa’s most progressive, was promulgated on August 27, 2010, following years of protracted struggles for democratic reforms and constitutional change. The anniversary brought together leaders, legal experts and other stakeholders at the Katiba@16 symposium at the Kenyatta International Convention Centre in Nairobi to reflect on the country’s constitutional journey.
President Ruto used the occasion to raise questions about the balance of power among the Executive, Legislature and Judiciary, while insisting that judicial independence remains non-negotiable.
He argued, however, that courts must interpret the law in a manner that allows an elected government to fulfil the mandate given to it by voters.
Ruto said the three arms of government derive their legitimacy from the people and must exercise their authority in the public interest.
The President described the Constitution as a framework designed to check the abuse of power, while also providing institutions with the authority necessary to deliver on their respective mandates.
But not everyone at the symposium agreed that the constitutional order is functioning as intended.
Former Attorney General Prof. Githu Muigai’s remarks added to the debate over how Kenya’s political system has evolved since 2010, including whether political interests and settlements have increasingly forced leaders to work around constitutional provisions rather than through them.
The contrasting views highlighted the central question confronting Kenya 16 years after the Constitution was adopted: whether the country has fully transformed the principles of the 2010 charter into everyday governance, accountability and protection of citizens’ rights.
As Kenya marked the anniversary, the focus therefore shifted from celebrating the Constitution’s historic adoption to examining how effectively its promises have been implemented.
