Sovereign will: How voters can overcome political overreach

Kenya’s 2010 Constitution, through Article 1, proclaims that “all sovereign power belongs to the people of Kenya.” This general will — inalienable and indivisible — is the cornerstone of our democracy.

Yet, the arms of government and Chapter 15 Commissions too often prioritise political will — the self-serving agendas of the elites — over the collective aspirations of Kenyans.

From protests to social media outcries, the people’s voice is clear but suppressed through abductions, goons, and police brutality. Kenyans must assert their general will through direct action, starting with public participation at the ward level. But how can we overcome these deliberate barriers to make this constitutional promise a reality?

The general will of Kenyans is unmistakable. The #RejectFinanceBill2024 protests and #NaneNane marches saw citizens demand accountability, amplified on social media platforms.

Editorial cartoons, music and theatre — such as GaMMZ’s incisive sketches or Sauti Sol’s socially conscious lyrics —articulate public frustration.

Opinion polls, like Infotrak’s 2024 survey showing 70 per cent distrust in institutions, underscore this sentiment. These are not mere outbursts; they are the pulse of a sovereign people demanding to be heard.

Yet, institutions like Parliament, the Executive, and Chapter 15 Commissions, such as the Independent Electoral and Boundaries Commission (IEBC), align with political will, not the public’s voice.

The broad-based government formed in 2024, merging rival factions for political expediency, ignored public calls for accountability over corruption. Proposals for term extensions, vote-rig chest thumping and political handshakes, debated on social media in 2025, reflect elite-driven agendas to entrench power, not the general will expressed in protests against such maneuvers.

The IEBC’s delays in electoral reforms ahead of 2027 betray public demands for fair elections. Why do these institutions prioritise political deals over the people’s aspirations?

Worse, the state actively suppresses the general will. Abduction of activists, as reported on social media, target voices challenging government overreach. Goons hired to disrupt protests, like those during #NaneNane, and police brutality — evident in the violent response to 2024 Finance Bill protests — aim to silence dissent. These tactics reveal a deliberate effort to stifle the people’s sovereignty.

How can Kenyans assert their will when faced with such repression? The answer lies in exercising direct sovereignty, as allowed under Article 1(2).

Current mechanisms, like referenda (Article 257) or recalls (Article 104), are laborious, requiring millions of signatures or navigating legal barriers.

Public participation, mandated under Articles 10 and 118, is often tokenistic — county-level forums are inaccessible to many. Mandating public participation to the ward level, the smallest administrative unit, could empower grassroots voices, enabling women, youth, and rural communities to shape policy.

But how do we equip wards with resources and expertise to host inclusive, impactful forums without interference from local elites or state intimidation? Kenyans must demand structural reforms to reclaim their sovereignty.

First, simplify Article 257 to lower referendum signature thresholds, enabling citizens to initiate policy changes. Second, formalise ward-level participation, ensuring forums are localised, transparent and their outcomes influence policy. Third, leverage technology to aggregate the general will — AI tools could analyse social media posts, petitions and polls to reflect authentic public sentiment.

The 2010 Constitution promised people power, but political will — manifested in handshakes, talks of term extensions, boasts of vote-rigging and a broad-based government — has stifled it. Tactics like abductions, goons, and police brutality aim to crush the general will. The 2024 protests showed Kenyans’ resilience, yet without reforms, these efforts will falter.

By demanding ward-level participation, simpler direct sovereignty mechanisms, and protected platforms for expression, Kenyans can ensure their voice prevails. The question remains: Will we rise against suppression to reclaim our sovereign power, or allow political will to silence the general will – indivisible and inalienable?