THE NOTEBOOK WE CALL CONSTITUTION.


Kenyans need to have a conversation on how ineffective our constitution is. We always brag as the only East African country that has the best constitution and today I want to tell you that forget about the constitution, we only have a written document meant to govern the poor.

How the constitution has been misused in the past 14 years is something that law school should do research on.

The makers of the constitution were very intentional in making Kenya a better place to live in but they forgot some of the key aspects that will forever haunt us.

For example, why should the recall process of an Mp go through the parliament when we know what happens when one of their own is in trouble .

During the petition filed against the results of the 2022 presidential elections, the constitution failed to make it clear on the threshold of the commission on who should be in charge of verifying the winner. They said that it's the work of the commission,but what we saw was the chairperson acting alone. We need clarity on that 

When it comes to the implementation of the chapter six of our constitution is where we all draw the line. Almost all of the elected leaders have questionable character or having been in court for various reasons. Why don't we change the system that will help locking out the corrupt from contesting ?

The work of the police was to maintain law and order but we see in our country is opposite of what is expected. Our police now have the right to make laws . They can even ban peaceful protests and go unpunished. Why is Adamson Bungei still in office ? 

It seems like the constitution has allowed the police officers to kill, kidnap or lie blatantly without the relevant authority taking action against them .

The constitution gives supreme powers to the people, but what we see is politicians are now having supreme powers over the constitution.

We need to define what public participation is. Over the last ten years, we've seen many claims made by the government that certain decisions were due to public participation. I've asked around a hundred people if they ever took part in this process and all they say is no. We need clarity on that to avoid the repeat of what happened after the parliament passed the Finance Bill of 2024.

Even the political parties act has never been implemented, we see Mps elected on a particular party going against the same party without being asked to resign.

When the constitution established independent bodies and offices, it was very clear in ensuring that there was no interference from the government or other bodies. Our judicial system is never independent.

 Our judges went to bed with the government and all the important rulings are made in favor of the government. These are the people that are supposed to help ensuring that law is followed by everyone but instead it has become a tool used by the government to punish those who go against the government.

It has reached a point where sometimes the constitution has been thrown aside allowing people to rule based on their personal judgement.


The constitution made it clear that the winner takes it all and the runners up forms the opposition that will keep the government in check. In Kenya, the same wants to form a coalition with the runners up leaving the minorities with no one to fight for them.


We need to go back to the drawing board and ensure that each article is implemented before we become lawless.

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