NAIROBI, Kenya, Aug 27 — Former Chief Justice David Maraga has warned that Kenya’s 2010 Constitution is “under siege”, calling for greater citizen vigilance as the country marks 16 years since its promulgation.
Maraga, who is eying the presidency under the United Green Movement party, issued the warning on Thursday as President William Ruto led a Katiba Day Symposium at State House, Nairobi, marking the 16th anniversary of the promulgation of the Constitution.
In a Katiba Day statement, Maraga said the Constitution was the product of years of struggle and sacrifice and warned that its protections were being eroded through violations that should concern Kenyans.
He cited the criminalisation of dissent, disregard for court orders and the treatment of public participation as a formality rather than a constitutional obligation as among the threats facing the supreme law.
“The lesson from the past 16 years is unambiguous: we must stand defend it. We must be vigilant because those who want to sabotage it are working overtime,” Maraga said.
He singled out the Bill of Rights and public participation provisions as key safeguards against excessive government power, arguing that their erosion undermines the Constitution’s promise of accountable government.
Maraga also criticised Parliament for what he described as a failure to effectively check executive power.
He said an institution constitutionally mandated to scrutinise, question and, where necessary, restrain the Executive had “regressed from oversight to acquiescence”.
The former Chief Justice said the resulting expansion of executive power was contributing to what he described as “state capture”, where public institutions serve narrow interests rather than the sovereign people.
“When the institutions designed to hold those in power accountable, the burden shifts back to citizens, to civil society, to the judiciary, and to every Kenyan because constitutionalism is not self-executing,” he said.
Maraga, who is a co-leader of the United Green Movement (UGM) Party and its 2027 presidential flag bearer, said the coming General Election would test Kenyans’ commitment to constitutionalism.
He described the 2027 election as more than a contest between candidates, saying it would amount to a choice over the kind of country Kenyans want.
“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 urged voters to approach the election with the same clarity and courage that produced the 2010 Constitution.
“Katiba Day is a reminder of what was won. It must also be a warning about what could still be lost,” he said.
The Constitution was promulgated on August 27, 2010, following a national referendum in which Kenyans approved the new constitutional framework.
