NAIROBI, Kenya – Sixteen years after the promulgation of Kenya’s 2010 Constitution, leaders and rights organisations have warned that gains in constitutionalism are increasingly at risk amid alleged violations of the right to protest, disregard for court orders and rising political violence ahead of the 2027 General Election.
The concerns emerged on Thursday, August 27, 2026, as Kenya marked the 16th anniversary of the Constitution, with former Chief Justice David Maraga, Amnesty International Kenya and leaders in the legal profession calling for renewed vigilance in protecting constitutional rights and institutions.
Maraga warns Constitution is under siege
Former Chief Justice David Maraga urged Kenyans to remain vigilant, saying the Constitution was achieved through years of struggle and sacrifice and should not be allowed to weaken.
Maraga said the country had made important progress since 2010 but warned that attempts to undermine constitutional principles were continuing.
“The lesson from the past 16 years is unambiguous: we must stand and defend it. We must be vigilant because those who want to sabotage it are working overtime,” he said.
He accused state institutions of undermining the Bill of Rights and public participation through the criminalisation of dissent, disregard for court orders and treating public participation as a mere formality.
Maraga also criticised Parliament for failing to provide adequate oversight of the Executive, arguing that weakened institutional checks had created room for executive overreach and what he described as state capture.
He said the responsibility of defending constitutionalism was increasingly shifting to citizens, civil society and the Judiciary.
According to Maraga, the 2027 General Election will provide an important test of whether Kenyans remain committed to the principles that inspired the adoption of the 2010 Constitution.
Amnesty raises concerns over rights violations
Amnesty International Kenya similarly warned that implementation of the Constitution remains contested despite significant gains over the past 16 years.
The organisation praised the Judiciary for defending constitutional rights and credited devolution with bringing resources and decision-making closer to citizens. It also recognised the role played by civil society and Kenyans in demanding accountability.
However, Amnesty raised concerns over allegations of excessive force, arbitrary arrests and detention, enforced disappearances and extrajudicial executions during recent protests.
The organisation said such actions violate the constitutional right to peaceful assembly protected under Article 37.
Amnesty also criticised the failure by some state officials and institutions to comply with court orders, warning that such conduct weakens the rule of law and undermines the authority of the Judiciary.
The organisation further pointed to weak enforcement of Chapter Six on leadership and integrity and continued challenges in accessing basic rights, including healthcare, clean water, housing and food.
Political violence raises election concerns
With the 2027 General Election approaching, Amnesty warned that politically organised violence could threaten voter participation if perpetrators continue to operate with impunity.
The organisation highlighted Article 29 of the Constitution, which protects every person’s freedom and security and guarantees the right not to be subjected to violence from either public or private sources.
Amnesty called for an end to police brutality and demanded independent investigations and prosecutions of officers accused of violating citizens’ rights.
It also urged authorities to enforce court orders, strengthen implementation of Chapter Six and take action against political violence and those who sponsor or organise it.
The organisation further called on both national and county governments to prioritise education, healthcare, clean water and food security, particularly for vulnerable populations.
Lawyers demand accountability
Law Society of Kenya President Charles Kanjama said accountability should remain at the heart of constitutionalism.
Kanjama said Katiba Day should provide an opportunity to examine how public institutions and office holders have exercised power and whether they have remained accountable to citizens.
He maintained that where evidence supports it, accountability can extend beyond individuals to collective, vicarious and command responsibility.
Former LSK President Faith Odhiambo described Kenya as being at “a difficult constitutional crossroads”, citing persistent concerns over injustice, inequality, insecurity and exclusion.
Odhiambo argued that the promise of the Constitution should be reflected in ordinary Kenyans’ daily lives through affordable living costs, effective public services, household security and respect for human dignity.
She also paid tribute to those who endured detention, torture, exile, violence and political isolation during Kenya’s struggle for multiparty democracy and the Second Liberation.
According to Odhiambo, the 2010 Constitution was not the conclusion of Kenya’s reform journey but a national commitment to building a republic based on human dignity, equality, social justice, public participation and the rule of law.
