KISII, Kenya Aug 27 – Kenya has made significant progress in governance, human rights and the rule of law since the promulgation of the 2010 Constitution, but challenges in its full implementation remain, senior counsel Wilkins Ochoki has said.
As the country marks 16 years since the promulgation of the Constitution, Ochoki, a former Law Society of Kenya (LSK) South West Branch chairperson, said the new constitutional dispensation fundamentally changed the relationship between citizens and the State by giving greater power to the people.
Speaking in Kisii, Ochoki described the 2010 Constitution as one of the most progressive in Africa, saying it had transformed governance and strengthened the protection of fundamental rights and freedoms.
“The 2010 Constitution gave power back to the people. We have seen gains in devolution, which has brought services closer to citizens, and a robust Bill of Rights that protects freedoms,” Ochoki said.
Ochoki said devolution remains one of the most significant achievements of the Constitution, enabling counties to take responsibility for delivering services closer to citizens.
He also pointed to the expanded Bill of Rights, which provides constitutional protection for fundamental freedoms and strengthens citizens’ ability to demand accountability from public institutions.
According to Ochoki, the Constitution has further expanded Kenya’s democratic space and strengthened the separation of powers through checks and balances among the three arms of government.
He cited the promotion of gender equality, including the constitutional two-thirds gender principle, as another important milestone in the country’s constitutional journey.
Despite the progress, Ochoki said the country has yet to fully realise the promise of the 2010 Constitution.
He raised concerns over what he described as disregard for court orders, corruption, delays in implementing the two-thirds gender rule and the high cost of running devolved governments.
“We are still grappling with challenges such as disregard for court orders, corruption that undermines constitutional values, slow implementation of the two-thirds gender rule, high cost of running devolution, and attempts to amend the Constitution for political convenience,” he said.
Ochoki warned that continued attempts to alter constitutional provisions for political interests could undermine the principles established under the 2010 constitutional framework.
The senior counsel urged Kenyans, particularly young people, to take an active role in protecting the Constitution and demanding accountability from elected leaders and public officials.
He said constitutional rights and freedoms can only be protected when citizens understand and actively defend them.
“The Constitution is not just a document, it is a way of life. If we respect it, it will protect us all,” Ochoki said.
Kenya promulgated the 2010 Constitution on August 27, 2010, following a national referendum in which voters overwhelmingly approved the new constitutional framework.
Sixteen years later, the Constitution remains at the centre of Kenya’s governance system, with devolution, the Bill of Rights, judicial independence, separation of powers and public participation among its defining features.
As the country marks the anniversary, Ochoki said the focus should shift towards ensuring the Constitution is fully implemented and its protections are enjoyed by all Kenyans.
