Kenya marks exactly 14 years today since the adoption of the new constitution, a significant milestone in the country’s legal and political evolution.
Since its promulgation, the country has not only witnessed notable changes which include expanded civil rights but also better governance and public accountability.
The introduction of the devolved government structure that saw resource allocation decentralisation to the counties was a major achievement for Kenyans.
Devolution has also improved service delivery in various regions.
But, it has not been without challenges.
Corruption, political interference, and the struggle to implement some reforms effectively has sometimes undermined its intended benefits.
The continued undermining of some constitutional principles and the raging debates on amendments to streamline government and address the wage bill are the other challenges.
While a section of leaders and Kenyans feel the true spirit of the constitution has not been achieved, experts are of the view that we are progressing well.
Lawyer Willis Otieno told the Star that the country has made some significant developments on the progressive nature of its implementation even though the government is creating clawbacks.
“The greatest threat to the constitution today is the current administration, especially by illegally deploying excessive force when it comes to the right to picket and to demonstrate and on the right to freedom of expression,” Otieno said.
Another area which he noted the country still lags is on the people’s agenda, which is economic rights.
He argued that while we have succeeded in achieving political rights and the setting up of institutions for politicians, Article 143 is yet to be actualised.
“The government is borrowing money from the domestic market illegally and bestriding the country with huge debts yet Kenyans are not getting commensurate services,” he stated.
He noted that as Kenyans mark Katiba Day today, it is important to refocus on the people’s issues, which rest on the economy.
On the proposals to reduce some constitutional offices, Otieno points out this calls for a debate on whether Kenyans are getting value for money from these representatives.
He said Kenyans want a lean government that provides services and makes meaning for the people.
“We need to look at everything, that which is causing the people of Kenya economic pain should be cut off,” said the lawyer.
One of the significant challenges, he said, that should be celebrated is the provision of financial management in the constitution, which has made it possible to check the arms of government.
The establishment of specialised courts to hear cases, he added, is a major achievement noting it has helped in ensuring disputes are fast-tracked.
“The courts are still not functioning as we expected it to be but it has helped a lot,” he said.
Lawyer Erastus Orina on his part, admitted it is yet to be fully implemented as expected, attributing this to budgetary constraints.
"There is a general feeling that the implementation of this constitution is very expensive...that could be the main reason we still have some issues yet to be addressed," he told the Star.
He also urged Kenyans to jealously guard devolution, saying most of the developments they have realised in the counties are through this constitution.
He told off the proponents behind calls to reduce its number as a way of cutting the wage bill.
According to him, this can only be addressed by reducing the number of MPs and woman representatives seats.
