The Constitution of Kenya, 2010, in its Preamble, affirms the aspirations of all Kenyans for a government founded on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law.
Sovereign power belongs to the people and is exercised either directly or through democratically elected representatives. This power is organised and distributed between national and county governments, and delegated to the Legislature, the Executive, the Judiciary, and independent tribunals.
The central aim is to establish a government that reflects the ideals and desires of the people, promotes the common good and upholds good governance.
Good governance entails the legitimate, accountable and effective exercise of public power and resources in pursuit of shared national goals. It rests on democracy, the rule of law, honesty, integrity in public service and robust measures against graft and corruption.
Public accountability is not optional; it is the lifeblood of a democratic government. While the primary duty of government is to serve and protect its people, citizens have an equally strong right to hold leaders accountable for their actions.
Constitutional amendments should therefore focus on strengthening government structures so they remain responsive to the needs of the people, especially in moments of crisis or political transition. They must enhance democratic institutions, safeguard civil liberties and promote meaningful public participation in governance.
The collapsed Building Bridges Initiative (BBI) sought to address deep-rooted national challenges from corruption, impunity and electoral malpractice to nepotism and politically skewed development. It aimed to unite Kenyans and uplift historically marginalised groups, including women, youth, persons with disabilities, minorities and pastoralist communities.
Today, the reform debate has been reignited. The National Dialogue Committee (NADCO) and a recently formed five-member bipartisan team from the ruling and opposition coalitions are working to implement the 10-point agenda and NADCO’s recommendations. These proposals should be approached with honesty, openness and a broader vision for resolving Kenya’s perennial social, economic and political challenges.
Whether pursued through Parliament or by referendum, reforms must be accompanied by extensive public awareness campaigns. A clear, inclusive roadmap is essential to address unresolved concerns and avoid fueling political, tribal, regional or gender divisions. Reform drivers must resist the temptation to embed hidden agendas or alter the law for personal or political gain.
The NADCO report is largely holistic, but time is of the essence if it is to be implemented before the next general election. Embracing an intergenerational national dialogue and enhanced public participation forums will create a constructive space for citizens to engage with the national and county governments and evaluate their development progress.
Above all, constitutional amendments must be guided by the principles of good governance and accountability. Only then will the Constitution remain truly of the people, by the people, and for the people.
Dennis Wendo
Email: [email protected]
Integrated Development Network –Public Benefits Organisation (PBO)
