Today, Amnesty International Kenya joins the people of Kenya in commemorating the 16th anniversary of the promulgation of the Constitution of Kenya (2010). On 27 August 2010, millions of Kenyans ushered in a transformative governance charter designed to address decades of authoritarian governance, historical injustices, inequality, and systemic exclusion. At its promulgation, Katiba 2010 presented a social contract rooted in human dignity, social justice, human rights, and the rule of law.
Sixteen years later, we reflect on an enduring journey of resilience, celebrate monumental triumphs, and confront persistent human rights violations, institutional failures and attempts to undermine constitutional safeguards. As we reflect on this 16th anniversary, Amnesty International Kenya reminds both state and non-state actors that the Constitution is not a static legal text but a living testament to the struggles of Kenyan citizens.
In particular, we want to point out that while our constitutional architecture remains robust, its operationalisation has become a contested battleground in which the sovereign power of the people is frequently undermined by political interests, institutional failures and a lack of accountability. As we navigate this 16th anniversary milestone, we must fiercely guard our hard won liberties against deliberate rollbacks.
Sixteen Years of Progress: Recognising the Constitutional Gains
The transformative character of Katiba 2010 cannot be understated. Over the last sixteen years, Kenya has witnessed deep institutional shifts that have rewritten the relationship between the state and the citizen. We celebrate the following pillars of constitutional progress:
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A Resilient Judiciary and Expanded Legal Rights: Despite concerns over threats to judicial independence and institutional challenges, the Judiciary has repeatedly asserted its independence and played a vital role in upholding constitutional rights and checking executive power, an important safeguard against abuses of political power.
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Devolution as a Vehicle for Shared Prosperity: Decentralising political and fiscal authority to the 47 counties has brought resources and governance closer to the people. Devolution has brought significant resources and decision-making closer to communities, creating greater opportunities for public participation and more responsive delivery of essential services.
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Civil Society Vigilance and Public Consciousness: Non-state actors, including civil society organisations, circles of conscience, community social justice centres, human rights defenders, public defenders and an active citizenry, have successfully utilised constitutional mechanisms to hold public officers accountable. Public awareness of human rights has significantly heightened, fostering an unapologetic culture of constitutional enforcement.
Broken Promises and Missed Opportunities: Facing the Clawbacks
Despite these monumental strides, the vision of a just and equitable Kenya remains heavily obstructed. Amnesty International Kenya observes with grave concern a pattern of consecutive failures by the state to implement or explicitly violate express constitutional provisions. As we mark 16 years of the CoK 2010, let us acknowledge the following gaps and missed opportunities:
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Assault on the Right to Protest and Freedom of Expression: Over the past few years, and particularly during recent civic movements, we have witnessed an alarming escalation in the criminalisation of dissent. The state continues to utilise unlawful and excessive use of force, arbitrary arrests and detentions, enforced disappearances, and extrajudicial executions to silence peaceful protestors, directly violating Article 37.
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Systemic Disregard for Court Orders and the Rule of Law: There have been repeated instances in which state officials and public institutions have failed to comply with or implement court orders, undermining the rule of law and the authority of the Judiciary. This erosion of judicial authority fractures the constitutional separation of powers and signals that public officials are above the law.
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The Crisis of Corruption and Failure of Chapter Six: The integrity standards set under Chapter Six of the Constitution have been systematically hollowed out Parliament and relevant oversight institutions must strengthen the implementation of Chapter Six, including effective vetting, transparent enforcement of leadership and integrity requirements, and accountability for established cases of corruption and serious misconduct.
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Pervasive Economic and Social Exclusion: Article 43 guarantees every Kenyan the right to clean water, accessible healthcare, adequate housing, and food. Yet, millions of Kenyans continue to experience poverty and inadequate access to essential services, while gaps in social protection, economic inequality and management of public resources continue to undermine the realization of these rights.
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Violent Actors and the Normalisation of Politically Permissible Violence: As the political temperatures continue to rise in the wake of premature 2027 general election campaigns, Kenyans are witnessing a worrying trend of politically organized violence, including attacks carried out by politically sponsored assailants. Despite repeated assurances from the Executive and the security agencies, perpetrators of such violence continue to operate in an environment of impunity. Apart from raising genuine fears that they may be deployed as a voter-suppression mechanism in 2027, violent actors remain a direct challenge to, among others, the realization of Article 29 (c) of the CoK, which states that: ‘Every person has the right to freedom and security of the person, which includes the right not to be— subjected to any form of violence from either public or private sources’.
The Dual Burden: The Responsibility of State and Non-State Actors
The realisation of Kenya’s 2010 constitutional demands absolute accountability from all sectors. State actorshold the primary obligations under Article 2(1) to respect, protect, promote, and fulfil the provisions of theConstitution. The state must move from selective complianceto consistentadherence to the Constitution and the rule of law. While the state bears the responsibility for respecting and fulfilling human rights, non-state actors and citizens have a duty of defending the enjoyment of rights in line with Article 3 of the Constitution.
The Way Forward: Actions to Realise the Constitutional Dream
To salvage the soul of our democracy and propel Kenya forward, Amnesty International Kenya calls on all Kenyans to move a step forward from celebrating the promulgation of a ‘progressive 2010 Constitution’ to embracing, living and making ‘Constitutionalism’ the grundnorm of running the affairs of our Republic by:
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Ending Impunity and Police Brutality: The Ministry of Interior and National Administration, along with the National Police Service, must end the unlawful use of excessive and lethal force against peaceful protesters. Police officers suspected of criminal responsibility for human rights violations must be promptly, independently and impartially investigated and, where there is sufficient evidence, prosecuted in fair proceedings. Importantly, police and other security forces must take decisive non-partisan action against all violent actors and their sponsors, ensuring that ‘rented political violence’ is not normalised in the lead-up to the 2027 general election and beyond.
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Enforce Strict Compliance with Judicial Decisions: The Executive must lead by example and establish strict internal compliance mechanisms ensuring that all government ministries, departments, and agencies honour and execute court orders without delay or exception.
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Operationalise Chapter Six through Strict Legislation: Parliament and relevant oversight institutions must strengthen the implementation and enforcement of Chapter Six, including effective integrity vetting, transparent decision-making and accountability for established breaches of integrity requirements.
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Prioritise Economic and Social Rights (Article 43): The National and County Governments must structurally re-orient public budgets to ensure access to quality basic education, healthcare, clean water and food. Budgeting processes must prioritise vulnerable demographics over elite political interests.
Conclusion:
Sixteen years after its promulgation, Kenya’s Constitution remains a powerful framework for protecting human rights, promoting equality and strengthening democratic accountability. Its promise, however, will only be realised when constitutional rights are respected in practice and violations are met with effective accountability. Amnesty International Kenya calls on state institutions, political actors and all Kenyans to uphold the Constitution, protect civic space and ensure that human rights are enjoyed by all.
Distribué par APO Group au nom d'Amnesty International.
