Kenya’s constitution at 16: What has actually changed Since 2010?

On August 4, 2010, Kenyans approved a new Constitution in a referendum, with about 67 per cent voting in favour.

President Mwai Kibaki promulgated it on August 27, 2010, replacing the 1969 Constitution.

The new document followed years of agitation for political reform and came after the 2007–08 post-election crisis.

It sought to redistribute state power, strengthen institutions and give citizens greater protection against abuse of government authority.

Sixteen years later, August 27 is Katiba Day, a chance to assess what actually changed.

47 counties replaced the old system

The biggest structural change was devolution.

The Constitution created 47 county governments, each with an elected governor and county assembly.

Functions including healthcare, agriculture, local roads, markets and water services were assigned to counties.

Article 174 says devolution is intended to promote social and economic development, give communities greater control over their affairs and ensure more equitable sharing of resources.

Counties now receive billions of shillings annually from the national government.

But devolution has also produced its own problems, including procurement disputes, pending bills and concerns over financial management.

Power moved closer to citizens.

Accountability did not always move with it.

Rights became enforceable

The Bill of Rights significantly expanded constitutional protections.

It covers civil and political freedoms as well as socio-economic rights, including access to healthcare, housing, food, water, education and social security.

Citizens can challenge government actions in court when they believe their constitutional rights have been violated.

That has made constitutional litigation a major feature of Kenyan governance.

Courts can stop the government

The 2010 Constitution strengthened judicial independence and expanded the courts' role in checking other arms of government.

The clearest example came in 2017, when the Supreme Court annulled the presidential election and ordered a fresh poll - an unprecedented decision in Kenya and Africa's electoral history.

The courts also blocked the Building Bridges Initiative (BBI) constitutional amendment process, finding problems with the way the proposed changes had been initiated.

The message was significant: presidential power has constitutional limits.

New watchdogs entered the system

The Constitution established or strengthened independent offices and commissions, including the IEBC, Auditor-General, Controller of Budget and Kenya National Commission on Human Rights.

Their mandates are designed to create checks on government and improve oversight of public resources and institutions.

They have not eliminated political interference or governance failures, but Kenya's system of checks and balances is considerably stronger on paper - and in several important cases, in practice - than it was before 2010.

The gender rule remains unfinished

Article 27 guarantees equality, while Article 81 requires the electoral system to comply with the principle that no more than two-thirds of members of elective public bodies should be of the same gender.

Sixteen years later, Parliament has still not fully implemented the two-thirds gender principle.

It remains one of the Constitution's most visible unfulfilled provisions.

Public participation became a requirement

Citizens were also given a formal role in governance.

Public participation is now required in national and county decision-making, including legislation, budgets and major policy processes.

The challenge is implementation.

Public participation exercises are often criticised as rushed, poorly advertised or conducted after key decisions have effectively been made.

The 2010 promise vs Kenya today

The Constitution fundamentally changed Kenya's governance structure.

Power was devolved.

Rights became more enforceable.

Courts gained greater authority. Independent institutions received constitutional mandates.

Citizens gained formal avenues to participate in government.

But a Constitution cannot enforce itself.