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Kenyans in diaspora yet to enjoy full benefits of 2010 Constitution
A copy of the 2010 Constitution of Kenya.
What you need to know:
- The diaspora community has been treated by successive regimes as an unimportant appendage on Kenyan matters.
- Disenfranchisement and voting rights are one of the areas in which Kenyans abroad feel most let down.
Fifteen years after its promulgation, the 2010 Constitution appears high on promise but low on delivery for Kenyans in the diaspora, multiple interviews reveal. Longtime Los Angeles-based Peace Studies consultant Mukurima Muriuki says implementation is the weakest link so far.
Los Angeles-based Peace Studies consultant Mukurima Muriuki.
“It is a progressive Constitution, but implementation of the letter of the law hits a snag because of systemic and legacy issues like corruption,” he says.
Atlanta-based Kenyan activist and business developer David Ogega agrees that “the Constitution may have been well intentioned, but it was poorly executed.”
In terms of whether the Constitution has served the diaspora interests as the “48th county” of Kenya, most of those who spoke with the Nation for the Katiba@15 series say it has been underwhelming.
“The diaspora is still considered a cash cow, to be taxed but not heard or represented. We are just to be exploited while being lied to with empty promises of inclusion every election cycle,” Mukurima says.
Longtime Africa Report journalist Wanderi Kamau encapsulates the frustration of the diaspora.
“Kenyans in diaspora have not been fully engaged in the implementation of the 2010 Constitution. They've always been treated like a constituency away from Kenya's domestic affairs,” he says.
Disenfranchisement and voting rights are one of the areas in which Kenyans abroad feel most let down. In the context of the US, Kenyans had only three voting centres in the 2022 elections: Los Angeles, Washington DC and New York.
The government has not set aside the necessary resources to offer mobile or virtual voting systems in the diaspora. Those living far from these three centres or who cannot afford to fly back to Kenya to vote feel disempowered.
Governments tend to be driven by self-preservation, and there is suspicion that the foot-dragging in expanding voting access abroad could be based on fear of the unknown. The main problem with diaspora enfranchisement has been a lack of political will. Incumbents in government know those in the diaspora are exposed to systems that work, that are accountable, transparent and adhere to the rule of law. These Kenyans abroad are, therefore, likely to increase the poll of voters against the status quo.
The diaspora community has been treated by successive regimes as an unimportant appendage on Kenyan matters. They are largely seen as natives of the respective countries where they live and work.
Similar frustrations are felt on government policy and integration of the diaspora through the constitutional framework. Despite there being a Department for Diaspora Affairs, many Kenyans living abroad don't think the government takes them seriously beyond remittances.
“The government is clumsy and clueless on business and economic development. It frowns on diaspora business efforts,” says US-based David Ogega.
Mukurima thinks it goes beyond government policy to normative values — social mores and behaviour that cripple diaspora integration in economic planning, with constitutional protections to safeguard their investments, property and allow for the actionable enforcement of contract.
“A lot of the issues here have to do with trust and greed. The Constitution can prescribe so many things, but it can’t teach values,” he says.
The late President Mwai Kibaki during the promulgation of the Constitution on August 27, 2010.
Lastly, on the broader issues pushed by GenZs that climaxed with the 2024 protests — the fight for the rule of law, good governance and protection of human rights — Kenyans in the diaspora have generally shown distrust of the government’s political will to carry out reforms.
Mukurima feels that change is not just about Gen Z but an intergenerational marination of ideas to move the country forward.
“The quest for rule of law should be inter-generational and not viewed from Gen Z perspective,” he says.
Ogega is hopeful about the seeds planted by youthful Kenyans: “Gen Zs are Kenya's saving grace. We in the diaspora are keen to work with them to rescue Kenya. The abuses they have suffered and continue to suffer are unimaginable”.
Inspirationally, a decade and a half after the promulgation of the Constitution, the Kenyan diaspora has not stood back complaining. They have moved to take action. Initiating demonstrations against constitutional violations in the United States.
The most recent is via the US-based 6.25 Movement that calls for good governance and online diaspora radio stations such as the One Mic Show. Some have gone as far as writing to the UN Secretary General to bar President William Ruto from addressing the annual UN General Assembly.
Others have confronted Kenyan government officials in town halls in the diaspora while also writing to the White House and Congress to protest the constitutional violations of the government.
This appears to be bearing fruit as a US Congressional investigation has started looking into, among other issues, the human rights abuses by the government during the Gen Z protests in 2024 and 2025.
While for the diaspora, Constitution @15 seems to be more misses than hits, there is still hope. The judiciary has for a large part moved to check the excesses in executive power and questionable bills passed by the legislature.
In the legislature, dissenting voices on the abuse of power by the executive and cash-for-votes on legislation have made headlines. More importantly, political realignment prior to the 2027 election looks to overturn a status quo that diasporans feel does not serve their best interests. While Kenya is not where it needs to be @15, there remains hope that the future remains bright, and a new dawn is nigh.
