Civil Society Organisations (CSOs) have accused President William Ruto of failing to fully implement the Constitution, 15 years after its promulgation.
President Ruto will mark three years in office next month, having been sworn in on September 13, 2022.
The 21 CSOs said the transformative promise of the Constitution remains largely unfulfilled.
“Though it envisioned a democratic, accountable and people-centered state, critical provisions on governance and social justice have been ignored, undermined, or manipulated,” said Davis Malombe, Executive Director of the Kenya Human Rights Commission (KHRC).
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Malombe made the remarks in a joint statement by the 21 CSOs during an event organised by Uraia Trust to mark Katiba Day at the Methodist Resort and Conference Centre in Nairobi.
The event offered a platform for Kenyans to reflect, take stock and reaffirm their commitment to defending the Constitution.
This year’s theme, “Inuka Uilinde” (Arise and Defend the Constitution), was described by the CSOs as a timely reminder that the Constitution must be safeguarded from political expediency and protected by the people it was written for.
Malombe further noted that peaceful protests, particularly the recent Gen Z-led demonstrations, had been met with bullets, abductions and killings — undermining the right to assemble and petition under Article 37.
He accused the Executive of repeatedly disobeying court orders, eroding the authority of the Judiciary, and weakening constitutional checks and balances.
“Independent commissions and oversight institutions, established under Chapter 15 to safeguard accountability, have been starved of resources, undermined, or brought under the Executive’s control,” Malombe said.
He rated the Kenya Kwanza regime’s implementation of the Constitution at an “extremely generous three out of ten,” citing retrogression, lack of political goodwill, executive overreach, and capture.
“The state of the nation and constitutionalism is extremely poor because of lack of political will. Instead, we see a populist approach, full of executive overreach,” he added.
Grace Wangeci, Executive Director of the Independent Medico-Legal Unit (IMLU), said devolution — one of the most significant constitutional gains — has been weakened through delayed and inadequate funding of counties, crippling essential services such as healthcare.
“Populist directives such as the victims’ compensation framework, which bypass lawful processes, and the multi-agency anti-corruption taskforce, which usurps the role of constitutional commissions, prove the regime’s disregard for the rule of law,” she said.
Last week, President Ruto established a new multi-agency team to step up the fight against corruption and economic crimes.
In a presidential proclamation, Ruto said the Multi-Agency Team on War Against Corruption (MAT) would strengthen coordination in investigations, prosecutions, financial intelligence and asset recovery.
The team includes 10 state agencies: the National Intelligence Service (NIS), Ethics and Anti-Corruption Commission (EACC), Office of the Director of Public Prosecutions (ODPP), Directorate of Criminal Investigations (DCI), Financial Reporting Centre (FRC), Asset Recovery Agency (ARA), Kenya Revenue Authority (KRA), Central Bank of Kenya (CBK), Public Procurement Regulatory Authority (PPRA), as well as the Executive Office of the President (EOP) and the Office of the Attorney General.
However, a petition filed by Magare Gikenyi, Eliud Karanja, Philemon Nyakundi and Dishon Mogire argued that the body is unconstitutional, and the High Court has since suspended its operations.
On Monday, through a gazette notice, Ruto also appointed a 14-member panel chaired by Makau Mutua, with Law Society of Kenya President Faith Odhiambo as vice chairperson, to oversee compensation of protest victims dating back to 2017.
Diana Gichango, Executive Director of The Institute for Social Accountability (TISA), said failure by the Executive to hand over all devolved functions shows that Ruto is not fully committed to implementing the Constitution.
She explained that between 2013 and 2017, the country focused on setting up the necessary legal framework, but by 2022 devolved functions should have been fully transferred, with counties receiving their mandated 15 percent of national revenue without delay.
The CSOs also decried rampant corruption and wastage of public resources, which they said continue to rob Kenyans of opportunities.
“At the same time, the regime has failed to realise the socio-economic rights guaranteed under Article 43. Millions of Kenyans face worsening unemployment, declining education standards and collapsing health systems,” the CSOs noted.
They criticised President Ruto’s declaration of Wednesday, 27th, as Katiba Day, saying it appears less about honouring the Constitution and more about sanitising a record of violations.
Former Chief Justice David Maraga, speaking after the press conference, attributed the failure to implement the Constitution to successive poor leadership.
“A Constitution is only as good as its implementation. If you do not implement it, it is a dead letter. We have one of the best Constitutions in the world,” Maraga said.
He added: “The problem is leadership. Those who ascend to executive power see it as an opportunity to enrich themselves. As a result, they sidestep constitutional provisions that demand integrity and accountability.”
Maraga said faithful implementation of the Constitution would create fairness for all, unlike the current “destructive system that loots public resources with impunity and without shame.”
He revealed that constitutionalism will be one of his key pillars should he run for president in 2027.
The CSOs issued three key demands, among them strict fidelity to the letter and spirit of the Constitution.
“Populist and unconstitutional directives must be abandoned in favour of lawful processes anchored in the Constitution,” said Sheila Masinde, Executive Director of Transparency International Kenya.
She also urged an end to interference with Parliament and the Judiciary. “Legislators should exercise oversight and law-making roles free from executive influence. Independent commissions and oversight bodies must be adequately resourced and protected from political manipulation.”
The CSOs further demanded justice for victims of state violence and decisive action against corruption and wastage. They called for accountability for human rights violations and the looting of public resources.
On compensation of protest victims, Wangeci urged the government to operationalise the Victims Protection Fund rather than create a parallel body.
“We are asking the government to admit and acknowledge gross human rights violations, including extra-judicial killings,” she said.
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Civil Society Organisations (CSOs) have accused President William Ruto of failing to fully implement the Constitution, 15 years after its promulgation.
President Ruto will mark three years in office next month, having been sworn in on September 13, 2022.
The 21 CSOs
said the transformative promise of the Constitution remains largely unfulfilled.
“Though it envisioned a democratic, accountable and people-centered state, critical provisions on governance and social justice have been ignored, undermined, or manipulated,” said Davis Malombe, Executive Director of the Kenya Human Rights Commission (KHRC).
Follow The Standard
channel
on WhatsApp
Malombe made the remarks in a joint statement by the 21 CSOs during an event organised by Uraia Trust to mark Katiba Day at the Methodist Resort and Conference Centre in Nairobi.
The event offered
a platform for Kenyans to reflect, take stock and reaffirm their commitment to defending the Constitution.
This year’s theme,
“Inuka Uilinde”
(Arise and Defend the Constitution), was described by the CSOs as a timely reminder that the Constitution must be safeguarded from political expediency and protected by the people it was written for.
Malombe further noted that peaceful protests, particularly the recent Gen Z-led demonstrations, had been met with bullets, abductions and killings — undermining the right to assemble and petition under Article 37.
He accused the Executive of repeatedly disobeying court orders, eroding the authority of the Judiciary, and weakening constitutional checks and balances.
“Independent commissions and oversight institutions, established under Chapter 15 to safeguard accountability, have been starved of resources, undermined, or brought under the Executive’s control,” Malombe said.
He rated the Kenya Kwanza regime’s implementation of the Constitution at an “extremely generous three out of ten,” citing retrogression, lack of political goodwill, executive overreach, and capture.
“The state of the nation and constitutionalism is extremely poor because of lack of political will. Instead, we see a populist approach, full of executive overreach,” he added.
Grace Wangeci,
Executive Director of the Independent Medico-Legal Unit (IMLU), said devolution — one of the most significant constitutional gains — has been weakened through delayed and inadequate funding of counties, crippling essential services such as healthcare.
“Populist directives such as the victims’ compensation framework, which bypass lawful processes, and the multi-agency anti-corruption taskforce, which usurps the role of constitutional commissions, prove the regime’s disregard for the rule of law,” she said.
Last week, President Ruto established a new multi-agency team to step up the fight against corruption and economic crimes.
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In a presidential proclamation, Ruto said the Multi-Agency Team on War Against Corruption (MAT) would strengthen coordination in investigations, prosecutions, financial intelligence and asset recovery.
The team includes 10 state agencies: the National Intelligence Service (NIS), Ethics and Anti-Corruption Commission (EACC), Office of the Director of Public Prosecutions (ODPP), Directorate of Criminal Investigations (DCI), Financial Reporting Centre (FRC), Asset Recovery Agency (ARA), Kenya Revenue Authority (KRA), Central Bank of Kenya (CBK), Public Procurement Regulatory Authority (PPRA), as well as the Executive Office of the President (EOP) and the Office of the Attorney General.
However, a petition filed by Magare Gikenyi, Eliud Karanja, Philemon Nyakundi and Dishon Mogire argued that the body is unconstitutional, and the High Court has since suspended its operations.
On Monday, through a gazette notice, Ruto also appointed a 14-member panel chaired by Makau Mutua, with Law Society of Kenya President Faith Odhiambo as vice chairperson, to oversee compensation of protest victims dating back to 2017.
Diana Gichango, Executive Director of The Institute for Social Accountability (TISA), said failure by the Executive to hand over all devolved functions shows that Ruto is not fully committed to implementing the Constitution.
She explained
that between 2013 and 2017, the country focused on setting up the necessary legal framework, but by 2022 devolved functions should have been fully transferred, with counties receiving their mandated 15 percent of national revenue without delay.
The CSOs also decried rampant corruption and wastage of public resources, which they said continue to rob Kenyans of opportunities.
“At the same time, the regime has failed to realise the socio-economic rights guaranteed under Article 43. Millions of Kenyans face worsening unemployment, declining education standards and collapsing health systems,” the CSOs noted.
They criticised
President Ruto’s declaration of Wednesday, 27th, as
Katiba Day
, saying it appears less about honouring the Constitution and more about sanitising a record of violations.
Former Chief Justice David Maraga, speaking after the press conference, attributed the failure to implement the Constitution to successive poor leadership.
“A Constitution is only as good as its implementation. If you do not implement it, it is a dead letter. We have one of the best Constitutions in the world,” Maraga said.
He added: “The problem is leadership. Those who ascend to executive power see it as an opportunity to enrich themselves. As a result, they sidestep constitutional provisions that demand integrity and accountability.”
Maraga said faithful implementation of the Constitution would create fairness for all, unlike the current “destructive system that loots public resources with impunity and without shame.”
He revealed that constitutionalism will be one of his key pillars should he run for president in 2027.
The CSOs issued three key demands, among them strict fidelity to the letter and spirit of the Constitution.
“Populist and unconstitutional directives must be abandoned in favour of lawful processes anchored in the Constitution,” said Sheila Masinde, Executive Director of Transparency International Kenya.
She also urged an end to interference with Parliament and the Judiciary. “Legislators should exercise oversight and law-making roles free from executive influence. Independent commissions and oversight bodies must be adequately resourced and protected from political manipulation.”
The CSOs further demanded justice for victims of state violence and decisive action against corruption and wastage. They called for accountability for human rights violations and the looting of public resources.
On compensation of protest victims, Wangeci urged the government to operationalise the Victims Protection Fund rather than create a parallel body.
“We are asking the government to admit and acknowledge gross human rights violations, including extra-judicial killings,” she said.
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By James Wanzala