Katiba Day: A Chance To Review The Hits And Misses Of The 2010 Constitution
Katiba Day is observed annually in Kenya on the 27th of August. It marks the anniversary of the promulgation of the 2010 Constitution. It is an important day because it commemorates the culmination of a long struggle for constitutional reform and the establishment of a new legal framework aimed at enhancing democracy, governance and human rights in Kenya.
Civil Society groups and political parties usually organize various activities on this day. These activities tend to center around civic education about the Constitution and the importance of its implementation. Activities typically include public discussions, citizen engagement initiatives and demonstrations aimed at raising awareness about Constitutional rights and responsibilities.
Katiba Day is a moment for reflecting on the achievements of the 2010 Constitution, as well as reflecting on the challenges that remain in fully implementing and realizing its vision.
Since the 2010 Constitution was promulgated, it has brought significant changes that have had a profound impact on the country’s governance, legal framework and social fabric.
Some of the key wins include:
- Devolution: The Constitution introduced a devolved system of government that has brought governance closer to the people. Every County Government has its own budget, which has improved local service delivery and has allowed for more equitable distribution of resources across the country. Devolution has led to economic growth in regions that were previously marginalized.
- Bill of Rights: The Constitution has enshrined a comprehensive Bill of Rights that guarantees civil, political, social, economic and cultural rights. This has empowered citizens to challenge violations of their rights through the Courts.
- Judicial Independence: The Constitution has established a more independent and accountable Judiciary. The introduction of the Supreme Court, the restructuring of the Judicial Service Commission (JSC) and the vetting of judges and magistrates have strengthened the rule of law. These reforms have led to increased public confidence in the Judiciary, with more people seeking justice through the Courts.
- Checks and Balances: The Constitution has introduced a robust system of checks and balances among the Executive, Legislative and Judicial branches of government. These are aimed at preventing the abuse of power and ensuring accountability in governance.
- Public Participation: The Constitution mandates public participation in policy making and legislation, fostering a more democratic process where citizens can engage in governance and hold their leaders accountable.
While the 2010 Constitution has brought about many positive changes, it has also faced several challenges in its implementation and interpretation. Here are some of the major challenges:
- Implementation of Devolution: The equitable distribution of resources between the 47 Counties has been a contentious issue. Disagreements over the formula for revenue allocation have led to tensions between the National and County Governments. Many Counties have struggled with a lack of capacity to effectively manage their devolved functions. There is also a high level of corruption at the County Level.
- Legislative and Policy Gaps: The implementation of the Constitution requires the development of enabling legislation and policies, many of which are still pending. The lack of comprehensive laws to support constitutional provisions hampers the realization of the main spirit of the Constitution.
- Political Power Dynamics: Despite the emphasis on devolution, there are concerns that power remains overly concentrated in the national government and within it, the Presidency. This has led to a diminished parliamentary oversight role, reducing the legislature to being a mere rubber stamp for decisions made by the executive.
- Institutional Resistance: There is significant resistance from some established institutions that are reluctant to adapt to the new constitutional framework. The resistance is often driven by vested interests that seek to maintain the status quo. This makes it harder for the necessary reforms to be made to operationalize the provisions of the Constitution.
- Public Awareness: There is a need for greater public awareness and engagement regarding constitutional rights and responsibilities. Many citizens remain unaware of their rights under the Constitution, which limits their ability to participate actively in governance and hold leaders accountable.
The 2010 Constitution has laid a foundation for democratic governance and the protection of rights. However, its implementation has revealed significant challenges that will require concerted efforts from both the government and the civil society to overcome.
