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Post Reply: Raila Odinga Criticizes Key Institutions for Failing to Uphold the 2010 Constitution

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 28, 2025, 8:30 am</div><div id="pl-7749"  class="panel-layout" ><div id="pg-7749-0"  class="panel-grid panel-no-style" ><div id="pgc-7749-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7749-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">Opposition leader Raila Odinga has delivered a scathing critique of several key Kenyan institutions, asserting that they have failed to deliver on the promises of the 2010 Constitution. Speaking during the 15th anniversary celebrations of the Constitution’s promulgation, Odinga targeted the Independent Electoral and Boundaries Commission (IEBC), the National Police Service (NPS), and the Office of the Director of Public Prosecutions (DPP), accusing them of undermining the constitutional gains made over the past decade and a half.</p>
<p dir="ltr">Odinga’s remarks came as Kenya marked Katiba Day, a newly declared occasion by President William Ruto to commemorate the 2010 Constitution. The Constitution, enacted to replace the colonial-era framework adopted at independence in 1963, was a landmark achievement driven by decades of public demand for a more inclusive and effective governance system. Katiba Day, observed on August 27, 2025, and set to be celebrated annually, aims to foster national dialogue on governance, promote constitutional awareness, and renew commitment to the rule of law. While it remains a working day, government institutions, including schools, are required to organize civic activities to enhance public engagement with the Constitution.</p>
<p dir="ltr">Odinga expressed deep concern over the National Police Service, stating that it has regressed significantly since the adoption of the 2010 Constitution. He highlighted a surge in cases of police brutality and human rights violations, including abuse of the right to life, degradation of human dignity, torture, and denial of personal security. "Abuse of the right to life, degradation of human dignity, torture, and denial of security of person by the police have increased under the watch of NPS," Odinga said. He argued that these issues have left Kenyans in a worse state than they were in 2010, despite the constitutional reforms intended to strengthen accountability and protect citizens’ rights.</p>
<p dir="ltr">Urging the government to reevaluate police reforms, Odinga acknowledged that efforts to compensate victims of past protests were a step in the right direction but insufficient to address systemic failures. He pointed to examples from other African countries where security institutions are structured to respect citizens’ rights, suggesting that Kenya could learn from these models. "Maybe it is time for the country to rethink police reforms," he stated, emphasizing the need for a comprehensive overhaul to restore public trust in the NPS.</p>
<p dir="ltr">Turning to the IEBC, Odinga argued that Kenya has made little progress in improving its electoral processes since the advent of multiparty politics in 1992. He noted that the same challenges that plagued elections in the early 1990s continue to persist, undermining the credibility of the electoral system. "The same issues Kenyans faced in 1992 when we held our first multi-party elections still haunt us," he said. Despite the 2010 Constitution’s provisions for a more transparent and accountable electoral body, Odinga claimed that the IEBC has failed to meet public expectations.</p>
<p dir="ltr">However, Odinga expressed cautious optimism about the newly appointed IEBC commissioners, hoping they would restore trust in the electoral system. The IEBC has faced significant challenges, including operating without commissioners since 2022 after the resignation of the "Cherera Four" and the retirement of former Chair Wafula Chebukati and commissioners Boya Molu and Abdi Guliye. President Ruto’s recent appointment of seven new commissioners, led by Chairperson Erastus Ethekon, has been met with legal challenges over transparency and inclusivity, further complicating the commission’s reconstitution. Odinga’s comments reflect ongoing public frustration with delays in restoring the IEBC’s full functionality, which has left several constituencies and wards without representation due to vacant seats.</p>
<p dir="ltr">Odinga also took aim at the Office of the Director of Public Prosecutions, asserting that it has failed to deliver justice as envisioned under the 2010 Constitution. He argued that the DPP’s office has not lived up to the high expectations Kenyans placed on it when the Constitution was enacted, particularly in ensuring accountability and upholding the rule of law. "The ODPP has largely failed to deliver justice, falling short of the high expectations Kenyans placed on it," Odinga stated. His critique adds to the growing debate about whether institutions established under the 2010 Constitution are effectively serving their purpose or require further reforms to meet public demands.</p>
<p dir="ltr">Odinga’s remarks were made against the backdrop of broader governance challenges in Kenya. He joined other political and civil society leaders in highlighting systemic issues within key institutions. For instance, Chief Justice Martha Koome recently reported that four judges and 210 judicial staff have been sacked for misconduct since the promulgation of the 2010 Constitution, underscoring efforts to address accountability within the judiciary. Meanwhile, opposition leaders like Wiper Party’s Kalonzo Musyoka and Narc Kenya’s Martha Karua have also criticized delays in reconstituting the IEBC, with some accusing the government of deliberately stalling the process to influence the 2027 General Election.</p>
<p dir="ltr">Odinga’s call for reform aligns with public sentiment, as evidenced by a survey indicating high levels of distrust toward the IEBC, particularly in Nairobi and Nyanza, where 59 percent of respondents expressed skepticism about the commission’s impartiality. Additionally, civil society groups, such as the Kenya Human Rights Commission, have highlighted governance failures during Katiba Day celebrations, emphasizing the need for transparency and accountability in public institutions.</p>
<p dir="ltr">In his broader remarks, Odinga reiterated his push for a national dialogue to address Kenya’s political and economic crises. He argued that open public conversations are essential to tackle issues like economic exclusion, youth unemployment, and the need for transparent governance. "The biggest challenge facing Kenya today is how to expand economic opportunity and lift young Kenyans out of poverty and exclusion," he said. Odinga emphasized that such a dialogue must be grassroots-driven to avoid being perceived as an elite-led process, a concern raised by critics of his previous initiatives like the National Dialogue Committee (NADCO).</p>
<p dir="ltr">Odinga’s critique of the IEBC, NPS, and DPP underscores the ongoing tension between the aspirations of the 2010 Constitution and the reality of its implementation. As Kenya prepares for the 2027 General Election, his remarks highlight the urgent need for reforms to restore public trust in key institutions and ensure they fulfill their constitutional mandates. With Katiba Day now established as an annual occasion for reflection, Odinga’s call for accountability and dialogue is likely to fuel further discussions on how to strengthen Kenya’s governance framework.</p>
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