As we celebrate 14 years of the new Kenyan Constitution since its promulgation on 27th August 2010, we have every reason to acknowledge the wins it has brought. The Constitution has safeguarded our basic freedoms through the Bill of Rights, strengthened our governance institutions, decentralized resources to the local level through devolution and sustained hope for a more stable, safe and developed Kenya. We live in interesting times today, where individuals can sue the government, win cases against it and call it out at will—actions that were unheard of under the post-colonial Constitution, where the President had absolute power.
However, alongside the successes of the 2010 Constitution, there are areas of contention. One notable issue is the 2/3 gender rule, which has proven difficult to achieve despite affirmative action and gender equality campaigns. In 2020, the Chief Justice advised the President to dissolve Parliament due to the lack of adequate women. This highlights the ongoing struggle with gender gaps in Kenya, unlike countries like Iceland, which has closed over 91% of its gender gap through effective political empowerment. The position of women in governance cannot be overemphasized, and there is a need for deliberate steps to ensure their active participation.
Additionally, concerns have arisen about the number of counties, with many being accused of not delivering any significant development and instead contributing to “devolved corruption.” Some lobby groups have even suggested reducing the number of counties from 47 to 8. While these concerns raise important questions, are we disregarding people’s representation in favor of development? My submission is that the two need a careful balance because they are equally crucial.
Regarding corruption, that’s a battle we must all fight and win, because corruption kills. But we will still need constitutional deliberations to guide us towards the change we need.
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