George Morara, Executive Director of Amnesty International Kenya/AMNESTY INTERNATIONAL
Amnesty International Kenya has highlighted gains made under the 2010 Constitution while cautioning about a shrinking civic space and persistent human rights concerns as the country marks 16 years since its promulgation.
In a statement issued on Thursday, August 27, 2026, Amnesty executive director George Morara said the Constitution had transformed the relationship between citizens and the State by strengthening human rights protections, expanding institutional checks and promoting public participation.
The rights organisation said the constitutional framework remained robust but cautioned that its implementation had become increasingly contested by political interests, institutional weaknesses and inadequate accountability.
“Katiba 2010” was promulgated on August 27, 2010, following years of public agitation for reforms to address authoritarian governance, historical injustices, inequality and exclusion.
Amnesty said the Constitution had since produced significant institutional changes, particularly through an independent Judiciary, devolution and increased public awareness of constitutional 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," the body stated.
The organisation also credited devolution with bringing resources and decision-making closer to communities through the 47 county governments.
According to Amnesty, decentralisation of political and fiscal authority has created opportunities for greater public participation and more responsive delivery of essential services.
It further pointed to the role of civil society organisations, human rights defenders, community social justice centres and an increasingly active citizenry in using constitutional mechanisms to demand accountability from public officials.
However, Amnesty said these gains were being undermined by what it described as persistent violations and failures to fully implement constitutional provisions.
A major concern raised by the organisation was the state of civic space, particularly the right to peaceful 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," Morara said.
The body cited excessive force, arbitrary arrests and detentions, enforced disappearances and extrajudicial executions against protesters, adding that such actions violated Article 37 of the Constitution, which protects the right to assemble, demonstrate, picket and present petitions peacefully and unarmed.
The organisation also raised concerns over instances where State officials and public institutions have failed to comply with court orders, warning that such conduct weakens the authority of the Judiciary and the constitutional separation of powers.
On accountability, Amnesty said the integrity requirements contained in Chapter Six had not been sufficiently enforced and called for stronger vetting and transparent enforcement of leadership and integrity standards.
The organisation also highlighted economic and social rights, noting that Article 43 guarantees rights including access to healthcare, adequate housing, sufficient food and clean and safe water.
It said poverty, inequality, gaps in social protection and weaknesses in public resource management continued to hinder the full realisation of those rights.
Amnesty further warned about politically organised violence ahead of the 2027 general election, stressing that attacks by politically sponsored groups could undermine the right to personal security and create fears of voter suppression.
The organisation called on the government to end police brutality, investigate officers suspected of human rights violations and take action against perpetrators and sponsors of political violence.
It also urged the Executive to ensure compliance with court orders, Parliament to strengthen enforcement of Chapter Six, and both national and county governments to prioritise economic and social rights in public budgets.
As Kenya marks 16 years of the Constitution, Amnesty said the next phase should focus not only on celebrating its progressive provisions but on ensuring constitutionalism is consistently practised.
