Sixteen years ago, Kenyans overwhelmingly adopted a new constitution with the conviction that our country could be governed differently. It was a declaration that power belongs to the people, public institutions must be accountable, resources must be shared equitably and every Kenyan—regardless of ethnicity, gender, religion, economic status or place of birth—deserves dignity and opportunity.
As we mark Katiba Day under the theme, “Katiba@16: Kenya Yetu, Wajibu Wetu – Tuwajibike!”, our national conversation must now move beyond celebrating the promise of the Constitution to demanding accountability for its delivery.
The 2010 Constitution was not simply a new legal document. It was a national covenant born out of decades of struggle, sacrifice and courage. Many Kenyans endured detention, exile, intimidation and even death in pursuit of a more democratic and just society. We honour the mashujaa wa Katiba not merely by remembering their contribution, but by ensuring that the institutions they fought to establish work for the people.
At the heart of our constitutional transformation is devolution. It remains one of the most consequential and widely supported reforms in Kenya’s history. Devolution brought government closer to the people and shifted development from distant offices in Nairobi to communities across all 47 counties.
Through counties, previously neglected communities now have greater access to healthcare, Early Childhood Development and Education, clean water, markets, roads, emergency services and local economic opportunities. Citizens can participate more directly in deciding their priorities and hold their leaders accountable for results.
In Mombasa, we experience the importance of devolution every day. It is present when a child receives treatment at a county hospital, when a mother safely delivers close to home, when a learner enters an ECDE classroom, when a trader gains access to a modern market and when a young person obtains training or capital to build a livelihood.
These are not favours from government. They are the practical expression of constitutional rights.
Yet devolution has not attained its full potential. Sixteen years later, counties continue to confront delayed disbursement of equitable share, inadequate financing of devolved functions and persistent attempts to retain resources at the national level for responsibilities assigned to county governments.
Functions must follow the constitution, and resources must follow functions. A constitutional mandate without adequate funding is an unfunded promise to the Kenyan people.
We must also guard against the recentralisation of power through administrative practice or ordinary legislation. The constitution deliberately dispersed power because Kenyans understood the dangers of concentrating authority in a single institution or office. Both levels of government are distinct but interdependent. Neither is subordinate to the other.
This requires consultation, cooperation and respect for the institutions of intergovernmental relations. National and county governments must work together, particularly in healthcare, housing, transport, education, disaster preparedness, water and environmental protection. Cooperation, however, cannot mean the dilution of constitutional mandates.
The same standard of constitutional accountability must apply within counties. Governors, county assemblies and county public institutions must demonstrate that devolution is improving lives. We must strengthen public participation, protect public resources and ensure appointments and services reflect the diversity of our communities.
The constitution does not simply transfer power from Nairobi to county headquarters. It transfers power to the people.
As ODM’sdeputy leader, I am proud of the party’s historic role in the struggle for constitutional reform, democracy and devolution. Our party must remain a vigilant guardian of these gains. We must defend independent institutions, protect the Bill of Rights and oppose every attempt to weaken devolution or exclude citizens from decisions affecting their future.
However, constitutionalism cannot be reduced to party competition. The constitution belongs equally to every Kenyan. Political parties, civil society, religious institutions, the media, academia, the private sector and citizens all carry a responsibility to defend it.
As Kenya begins shaping its development vision beyond 2030, we must resist the temptation to treat the constitution as a secondary consideration. Our next national development charter must be firmly anchored in constitutional values: human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, integrity and sustainable development.
Economic growth that leaves millions of young people unemployed cannot fulfil the constitution’s promise. Development that concentrates resources in a few regions cannot be called equitable. Public services that depend on wealth, political connections or social status offend the principle of equal citizenship.
Our post-2030 vision must therefore begin with the Kenyan household. Can families access affordable healthcare? Can every child remain in school? Can young people find dignified work? Can small businesses obtain capital and compete fairly? Can persons with disabilities participate fully in society? Can citizens receive government services without corruption, discrimination or humiliation?
These are the true measures of constitutional implementation.
Katiba Day must not become another ceremonial event characterised by speeches and forgotten resolutions. It should become an annual national accountability platform at which every arm and level of government reports how it has advanced constitutional obligations.
Parliament must account for the quality of legislation and oversight. The Executive must account for service delivery and respect for the law. The Judiciary must account for accessible and timely justice. Independent commissions must demonstrate courage and impartiality. Counties must show how resources have improved lives. Citizens must also reject corruption, ethnic mobilisation, violence and the politics of division.
Sixteen years is sufficient time to recognise that constitutional transformation is not automatic. A progressive constitution can be weakened by poor leadership, public indifference and institutions that surrender their independence. Its survival depends upon leaders who respect limits on power and citizens who refuse to surrender their sovereignty.
The responsibility is ours collectively. Kenya is our country, and implementing its Constitution is our shared duty.
Let Katiba at 16 mark the beginning of a more demanding phase: one in which promises are measured against outcomes, institutions against their mandates and leaders against the lives of the people they serve.
