United Green Movement (UGM) co-party leader and former Chief Justice David Maraga/HANDOUTFormer Chief Justice David Maraga has warned that the 2027 General Election will be more than a contest between political candidates, saying it will determine the future of constitutionalism in Kenya.
Maraga, who is also UGM party co-leader and its 2027 presidential flag bearer, raised concern over what he termed incessant violations of the Constitution, urging Kenyans to remain vigilant and defend the gains made since its promulgation.
He spoke as the country marked 16 years since Kenyans promulgated the 2010 Constitution, which he described as the result of years of struggle and sacrifice by citizens seeking a more accountable system of government.
Maraga cautioned that the Constitution was facing growing threats, saying its protection could not be left to institutions alone.
“The lesson from the past 16 years is unambiguous: we must stand and defend it. We must be vigilant because those who want to sabotage it are working overtime,” he declared.
He identified the Bill of Rights and public participation as key pillars of the Constitution but accused authorities of weakening the protections through what he described as cosmetic implementation and repressive actions.
“These are inbuilt mechanisms by which the framers of the constitution sought to guarantee limited government and an accountable state, yet they continue to be eroded,” he said.
The former Chief Justice cited the criminalisation of dissent, disregard of court orders and the treatment of public participation as a mere formality rather than a legal obligation as some of the practices threatening constitutionalism.
He also criticised Parliament for failing to effectively perform its constitutional role as a check on executive power, arguing that the legislature had shifted from robust oversight to acquiescence.
“The result is a widening space for executive overreach and, more gravely, the entrenchment of what can only be described as state capture, where public institutions serve narrow interests rather than the sovereign people in whose name they exist,” Maraga warned.
He argued that the weakening of institutions had increased the responsibility placed on citizens, civil society and the Judiciary to safeguard the Constitution and hold those in power accountable.
Maraga maintained that constitutionalism could not be taken for granted because the Constitution was not self-executing, urging Kenyans to remain alert to attempts to undermine its provisions.
He observed that the 2027 elections would give voters an opportunity to decide the kind of country they wanted, urging them to approach the contest with the same clarity and courage that produced the 2010 Constitution.
“This is why the 2027 elections will be more than a contest between candidates. It will be a referendum on the kind of country we desire,” he said.
Maraga contrasted constitutionalism with what he termed as relics of resurgent past despotism dressed in the form of progress, warning Kenyans against political choices that could reverse the democratic gains made over the years.
He said Katiba Day should therefore not only be a celebration of what Kenyans won in 2010 but also a warning about what could be lost if they failed to remain vigilant and defend the Constitution.
