Katiba Day: Implement, don't amend, expert tells MPs

Fourteen years after the adoption of Kenya's 2010 Constitution, the country faces a crucial moment as debates about its future intensify. 

Once celebrated as one of Africa’s most progressive legal frameworks, the Constitution is now under scrutiny as Kenyan legislators consider amendments that could alter its fundamental principles.

One of the most contentious proposals involves Article 37, which guarantees every person the right to assemble, demonstrate, picket, and present petitions to public authorities, provided they do so peacefully and unarmed. 

Recently, Mbeere North MP Geoffrey Ruku proposed changes aimed at imposing stricter regulations on demonstrations, which could significantly limit the scope of public protests if approved.

These proposals have sparked considerable controversy, with critics arguing that the government should focus on upholding existing constitutional rights rather than restricting them. 

Oliver Waindi, an expert on constitutional matters, has voiced concerns about the push for these amendments.

Speaking on Spice FM on Tuesday, August 27, Waindi argued that the real issue lies not in the Constitution’s content but in the failure to fully implement it. 

"The main challenge we have is trying to rethink the Constitution when we haven't even attempted to implement it properly," he stated.

Oliver Waindi: The main challenge we have is trying to rethink the constitution yet we have not tried to implement it. #TheSituationRoom #KatibaAt14 #KatibaDay #KatibaDay2024

Livestream: https://t.co/rfcjG3687b@UraiaTrust @OliverWaindi pic.twitter.com/wxCEER4aNy — SpiceFM (@SpiceFMKE) August 27, 2024

He emphasised that Kenya needs a committed approach to implementation rather than the "unnecessary" changes being proposed by some Members of Parliament.

Waindi believes the current legislative efforts appear self-serving, with some lawmakers seemingly more focused on altering the Constitution to suit their agendas rather than enforcing its robust provisions designed to protect the rights of all Kenyans.

His remarks come on Katiba Day, marking 14 years since the Constitution's adoption. 

According to Waindi, the anniversary is an opportunity to reflect on the true purpose of the Constitution and the importance of steadfastly upholding its principles for the benefit of all Kenyans.