Mutunga warns Kenya's Constitution risks remaining on paper

Kenya’s constitutional promises risk remaining on paper unless public institutions act on citizens’ demands for accountability, transparency and meaningful participation, former Chief Justice Willy Mutunga has warned.

“Our Constitution is very progressive. But as long as those who are in power find it inconvenient, they are not willing to breathe life into it, and that includes institutions themselves,” Mutunga argued.

Speaking on Wednesday, October 21, during the opening day of the Global Trust Summit in Nairobi, Mutunga, a representative of Katiba Institute, challenged leaders and public institutions to implement the Constitution rather than treat its provisions as obstacles.

The discussions focused on how institutions can rebuild public confidence by opening up decision-making, responding to citizens’ concerns and ensuring public participation influences government decisions.

Dr Andrews of International IDEA, who represented Gram Matenga, argued that rebuilding trust required changes beyond public communication.

“It is not just about messaging; it’s also about change of process, change of people and change of direction,” he explained.

Transparency International Kenya Executive Director Sheila Masinde said public institutions could reduce disputes by providing information before citizens resort to court action.

“We don’t have to go to court if access to information is given more proactively,” Masinde noted.

She also challenged leaders to respect the mandate voters give them through elections.

“When I vote for you, I trust that you will deliver on the mandate you are seeking,” she added.

Mzalendo Trust Executive Director Caroline Gaita said public participation loses meaning when institutions fail to respond to citizens’ views.

“Participation without a feedback loop is not engagement; it’s attendance,” Gaita observed.

Government Spokesperson Charles Owino maintained that democracy should serve the public interest, while Independent Policing Oversight Authority Chairperson Duncan Ojwang’ called for public participation that includes all citizens rather than allowing the loudest voices to dominate.

Kenya National Commission on Human Rights Chairperson Clarise Ogangah added that citizens retain their power after elections and can continue to influence decisions through public participation.

Trust depends on action

Murang’a Governor Irungu Kang’ata said institutions must demonstrate their credibility through their conduct rather than rely on statements of intent.

“In terms of trust, you gain it by demonstrating, not by illustrating,” Kang’ata explained.

Independent Electoral and Boundaries Commission Chairperson Erastus Edung Ethekon offered a different perspective, arguing that public distrust could also create an opportunity for institutional reform.

“Sometimes when there’s distrust, that’s when we actually achieve positive change or transformation,” Ethekon noted.

Auditor-General Nancy Gathungu also linked public confidence to access to credible information and action by institutions responsible for accountability.

Communications Authority of Kenya Director Dr Priscilla said institutions must resolve complaints rather than allow them to recur.

“Trust does not stop with complaints. It stops when the complaint has been resolved,” she stressed.

Chief of Staff and Head of the Public Service Felix Koskei said institutions must comply with the standards they expect others to follow.

“A regulator that demands compliance from others must be an example of compliance,” Koskei cautioned.

Resource allocation raises questions of inclusion

The summit also examined how the distribution of resources and access to decision-making affect public trust.

Ford Foundation Regional Director for East Africa Margaret Mliwa questioned who benefits from available resources and whose interests shape decisions.

“The question is who gets the resources, resources for whom, and who is at the table,” Mliwa asked.

Her remarks raised questions about whether funding decisions reflect the needs of communities and whether groups that have historically lacked representation have a voice in determining priorities.

NBA Africa Chief Executive Clare Akamanzi said institutions and organisations must demonstrate their ability to fulfil public promises.

“Announcements are not enough. Do the public believe you will deliver on the promises made to them,” Akamanzi challenged.

Venture capitalist and startup builder Sean Karanja said integrity was essential to building trust between investors and entrepreneurs.

“I want to deploy truthful capital to truthful entrepreneurs,” Karanja said.

The discussions placed public accountability, access to information and inclusive decision-making at the centre of efforts to strengthen trust between citizens, governments, businesses and other institutions.

The challenge for institutions is to show that public participation influences decisions, complaints lead to solutions and commitments translate into results.