Leaders from Tharaka-Nithi County at State House, Nairobi.
For decades after independence in 1963, Kenya’s politics revolved around one centre of power—the presidency.
Former presidents Jomo Kenyatta and Daniel Moi had power to hire and fire public officials at will, dissolve parliament, control provincial administration, and wield State machinery against opponents.
The “imperial presidency,” as it came to be known, was the hallmark of Kenya’s governance.
The 2007/08 post-election violence exposed the dangers of a winner-takes-all presidency. In response, Kenya embarked on reforms that culminated in the 2010 Constitution. At the heart of it was a deliberate attempt to tame presidential powers.
But former Vice-President Kalonzo Musyoka warns that Kenya is sliding back into authoritarianism despite the safeguards of the 2010 Constitution. Speaking at the annual Law Society of Kenya (LSK) conference, Mr Musyoka said that constitutionalism and the rule of law were under siege by the State.
“2024-2025 is a case study of State repression unlike anything experienced in the country’s 62 years of independence,” he said, citing abductions, beatings of peaceful protesters, and militia groups operating under police protection.
Kituo Cha Sheria insisted that the real strength of the 2010 constitution in taming the imperial presidency lies in its Bill of Rights.
“By binding all laws, State organs and even private individuals, it sets clear limits on how State power—including presidential power—may be exercised,” it said.
Lawyer Willis Otieno.
Advocate and politician Willis Otieno said the presidency “has become a major threat to the constitution”. “It emasculates and undermines institutions established by the Constitution. Take the example of the latest attempt to control the mandate of EACC [Ethics and Anti-Corruption Commission],” he said.
Multimedia University’s Prof Gitile Naituli said that the Constitution was crafted to dismantle the culture of an overbearing presidency and redistribute power.
“By introducing independent commissions, a bicameral Parliament, judicial review, devolution and specific limits on presidential authority, the drafters sought to cure decades of authoritarian rule,” he said.
According to him, these reforms have, to a large extent, succeeded.
“An assertive Judiciary, devolved governance and a more independent Parliament have created more centres of power, forcing the Executive to operate within a tighter constitutional framework,” he said.
Orange Democratic Movement Party's Secretary-General Edwin Sifuna in Saboti Constituency, Trans Nzoia County on August 3, 2025.
ODM Secretary-General Edwin Sifuna said that the Bill of Rights was central to the agitation for the 2010 Constitution.
“The Constitution’s preamble captured the kind of government Kenyans wanted—one that is a guarantor of the Bill of Rights, built on essential values of human rights, equality, freedom, democracy, social justice and the rule of law,” Mr Sifuna said. But according to him, Kenya Kwanza has demonstrated little regard for these constitutional ideals.
The 2010 Constitution, experts say, had a robust Bill of Rights and independent institutions such as the Judiciary, Ethics and Anti-Corruption Commission, and Office of the Director of Public Prosecutions, designed to act without presidential interference.
“The Judiciary, emboldened by constitutional protection, in 2017 annulled then President Uhuru Kenyatta’s re-election,” said advocate Chris Omore. “Parliament, too, has sometimes resisted presidential control, summoning Cabinet secretaries and questioning executive decisions. But ... successive presidents have continued to find ways of expanding influence, often by co-opting Parliament through coalitions and inducements.”
Political analyst Dismas Mokua, said that a meritocratic leadership is more likely to respect constitutional limits on power.
“The National Assembly has not appreciated its role in providing guardrails against an imperial presidency,” Mr Mokua observed. Despite holding the constitutional power of the purse, MPs, he said, frequently abdicate their responsibility of allocating resources.
“Instead, they rush to the President to lobby for development funds, thus surrendering their authority to the Executive,” he said.
Law Society of Kenya President Faith Odhiambo.
LSK President Faith Odhiambo said the Constitution gave Kenya a robust framework to check the presidency, but its success depends on institutions remaining independent.
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