2010 Constitution isn’t faulty, politicians are our problem

Kenya’s 2010 Constitution: Strong Framework, Human Factor Still a Challenge
Kenya’s 2010 Constitution, celebrated for its progressive reforms and devolution of power, remains a robust legal framework for governance, but challenges persist in its implementation due to political mismanagement. Columnist Nelson Amenya highlights that while the Constitution empowered ordinary citizens and enshrined fundamental rights, the effectiveness of these reforms largely depends on the integrity and accountability of political leaders. The late President Mwai Kibaki, who oversaw the Constitution’s promulgation on August 27, 2010, emphasized the shift of power to We, the People, yet decades later, many citizens feel that political interference continues to undermine the law’s intent.
The 2010 Constitution introduced transformative measures such as mandatory public participation in budget approvals, enforceable rights to basic education, and strengthened oversight through statutory bodies including the Auditor-General and other key audit agencies. Devolution, one of the most celebrated achievements, aimed to ensure equitable distribution of resources and decision-making closer to the local communities. However, Amenya notes that these mechanisms have often been weakened by politicians prioritizing personal or party interests over public service, leading to persistent inequalities and inefficiencies in sectors such as education, procurement, and local governance.
Reactions from experts and civil society indicate a need to hold political leaders accountable to realize the Constitution’s full potential. While the legal framework offers the tools to empower citizens and monitor government actions, its success depends on active civic engagement and the political will to resist corruption and favoritism. Looking forward, the focus for Kenya’s reform agenda must be on strengthening institutions, educating citizens on their constitutional rights, and ensuring leaders adhere to the principles of transparency and inclusivity, thus bridging the gap between legal provisions and the lived experiences of Kenyans.