Various stakeholders have called for the protection of the gains made under the 2010 Constitution while also advocating for further changes aimed at enhancing accountability and strengthening democracy.
As the country marked 15 years since the constitution was promulgated, stakeholders gathered under the auspices of the Nation Media Group, urging the public to continue pushing for greater accountability and democratic freedoms under the new law.
The forum, titled 'Constitution at 15: Gains, Gaps and the Guardrails of Justice', brought together representatives from the Judiciary, the Law Society of Kenya, civil society, the Ethics and Anti-Corruption Commission, and independent commissions.
Chief Justice Martha Koome praised the transformation that has taken place within the Judiciary since the new Constitution was enacted.
She assured the public that the Judiciary would not be intimidated by any institution and would continue to dispense justice equally to all Kenyans.
The Judiciary has undergone reforms, developed transformative jurisprudence and expanded access to justice for all.
Outlining the achievements of the Judiciary since 2010, Ms Koome highlighted the Supreme Court's handling of presidential election petitions as an example of its central role in governance.
“In 2013, 2017, and 2022, the Court became the arena where the legitimacy of elections to the nation’s highest office was tested. In each case, the Court anchored electoral justice in law and evidence adduced before the court rather than political expediency, entrenching the Judiciary as a legitimate arbiter of political disputes,” Ms Koome said.
In the throwing out of the Building Bridges Initiative (BBI) spearheaded by former President Uhuru Kenyatta and ODM leader Raila Odinga , Ms Koome said the Court not only preserved the sovereignty of the people but also defined the boundaries of permissible constitutional amendment.
The Chief Justice also pointed out that the Judiciary has also given life to the principle of public participation , striking down legislation where citizens were inadequately consulted.
In delivering justice to land-related cases, Mr Koome said the Supreme Court has declared that title deeds obtained unlawfully and fraudulently would not be legitimised by the courts.
“By striking the directive down, the Court affirmed that the government cannot manipulate procurement policy to marginalise critical media outlets and underscored that all public procurement must comply with constitutional principles of transparency, competitiveness, and legality,” Ms Koome said.
She revealed that so far, four judges have been removed from office while 95 complaints received from the public on the conduct of Judges are at an advanced stage of determination by the Judicial Service Commission.
“These figures illustrate not only the robustness of internal accountability mechanisms but also the determination of the JSC to maintain the highest standards of professionalism and public trust,” Ms Koome said.
Nation Media Group Chief Executive Officer and Managing Director Geoffrey Odundo said the promulgation of the Constitution was not merely a legal milestone but a bold declaration of the collective aspirations of Kenyans.
Nation Media Group's MD and CEO Geoffrey Odundo.
Photo credit: File | Nation
Mr Odundo said the media, especially the outlets under the banner of NMG, will continue to discharge its mandate with a key focus on public interest matters.
“As Nation Media Group, we have walked this journey with the people of Kenya. We have embraced our role as the Fourth Estate not just as observers, but as active accountability partners,” Mr Odundo said.
“Across our platforms -NTV, Daily Nation, Taifa Leo , and our digital channels, we have amplified the voices of citizens, spotlighted the successes and shortcomings of devolution, and provided a space for National reflection,” he added.
The CEO, in a speech delivered by Monicah Waceke, Chief of Corporate Affairs, Marketing, and Partnership, said that through investigative journalism, civic education, and public discourse, the Nation Media Group has held power to account and defended the freedoms enshrined in the Constitution.
The Law Society of Kenya President, Faith Odhiambo, called on the public to be vigilant, pointing out that the gains of the 2010 Constitution are constantly under threat by those in authority.
Law Society of Kenya President Faith Odhiambo.
Photo credit: File | Nation Media Group
“Here is the hard truth: the promise of 2010 is not fully realised. Our constitution stands tested by greed, undermined by politics and often betrayed by those who swore to defend it,” Ms Odhiambo said.
Ms Odhiambo said each person has the moral duty to commit to the dictates of the constitution for the future generation.
“Fifteen years on, the Constitution has not failed us. If anything, we have failed it. The Gen Z generation has reminded us of this truth. They have shown that sovereignty belongs to the people, not those in office,” Ms Odhiambo said.
National Lands Commission Chairperson Gershom Otachi, who also represented the independent commissions created by the 2010 document, said the most critical aspect that Kenyans need to focus on is the rule of law.
National Land Commission chairperson Gershom Otachi.
Photo credit: Wilfred Nyangaresi | Nation Media Group
Mr Otachi said Kenya has made major strides since the promulgation of the new Constitution, and Kenyans should be vigilant not to lose such aspects.
“The constitutional project is a living project; every generation has its challenges that need to be addressed,” Mr Otachi said.
Director Legal Services and Assets Recovery at the Ethics and Anti-Corruption, David Too, said implementation of Chapter Six of the Constitution remains a key challenge to the anti-graft commission.
Mr Too said the full implementation of Chapter Six on leadership and integrity should not be left to EACC alone, saying there is a need for collaboration with other agencies if the war on corruption is to be won in the country.
Ms Chelimo Njoroge from the Civil Society said the association celebrates the Bill of Rights enshrined in the 2010 Constitution, saying it has become a fundamental pillar in the fight for justice.
“Initially, such rights would be revoked by the State anytime, but what we have now in the constitution are guarded by the State and can’t just be taken away,” Ms Njoroge said.
All the stakeholders called on Kenyans to remain vigilant as they celebrate 15 years under the new Constitution.
