In August 2010, the Constitution of Kenya was
promulgated, marking a new era of open and inclusive governance. Kenya’s 2010
constitution has been recognised as one of the most progressive constitutions
in Africa, yet there exist gaps in its implementation. Kenya cannot achieve its
vision and aspirations if it does not prioritise the successful
implementation of the 2010 constitution.
Since its promulgation 15 years ago, Kenya has seen abuse of the constitution and gaps in
its implementation not only by citizens but leaders. There has been
corruption, lack of transparency and rejection of court orders, which go against the very constitution meant to guide the country in achieving socioeconomic development.
One of the constitutional provisions is devolution, which aimed at bridging the development gaps between rich and poor regions, spreading power, resources and representation down to the local level. But in 15 years of devolution, the Kenya Demographic and Health Survey 2022 reports, arid and semi-arid areas continue to experience inequitable healthcare.
The report highlights that the proportions of women who received a postnatal check during the first two days after a live birth are lowest in Wajir at 37 per cent, Marsabit at 41 per cent, Meru at 41 per cent, Garissa at 45 per cent and Mandera at 46 per cent. Garrissa county reports the lowest percentage of children aged 12-23 months who are fully vaccinated for basic antigens at 23 per cent.
As we celebrate Katiba at 15, it is important to note that a constitution is as good as its implementation. The government and other stakeholders should strengthen the implementation of the constitution.
This can be achieved through proper documentation of the wins and
fails in the last 15 years of implementing the constitution, which will
help us learn from our mistakes and strengthen best practices. Accountability
measures need to be strengthened through civic education, leveraging community
forums and social media.
It's important to note that amending the constitution threatens to reverse
some of the gains made by the country. It threatens to take away our hard-won rights and privileges, including support for women in
leadership, media freedom, the right to communicate, the right to public
participation and others. Instead of amending, the country should invest in
localisation and domesticating the constitution.
Executive director of Community Voices Network
