Civil Rights Groups Highlight Governance Challenges on Katiba Day
Quote from Lawyer on August 28, 2025, 9:30 amOn August 27, 2025, the Kenya Human Rights Commission (KHRC) and other civil rights organizations marked the 15th anniversary of the 2010 Constitution’s promulgation, known as Katiba Day, by emphasizing the persistent governance challenges hindering Kenya’s progress toward democracy and social justice. Despite the transformative vision of the 2010 Constitution, the groups pointed to executive overreach, weakened devolution, and widespread corruption as significant barriers to achieving its goals.
The KHRC underscored that the Constitution envisioned a people-centered, accountable government, yet critical provisions have been consistently ignored, undermined, or manipulated. The organizations highlighted several key issues, including the erosion of constitutional checks and balances, the undermining of independent commissions, and the failure to uphold socio-economic rights. They noted that peaceful protests, particularly those led by young Kenyans during recent Gen Z demonstrations, have been met with severe state violence, including bullets, abductions, and killings, which they argue violates Article 37 of the Constitution, guaranteeing the right to assemble and petition.
The KHRC criticized the executive for repeatedly disobeying court orders, thereby weakening the judiciary’s authority. Independent commissions and oversight institutions, established under Chapter 15 of the Constitution to ensure accountability, have been deliberately starved of resources or brought under executive control, according to the commission. This has significantly hampered their ability to function effectively and safeguard democratic principles.
Socio-economic rights, enshrined under Article 43, were also a focal point of concern. The KHRC highlighted worsening unemployment, declining education standards, and a failing healthcare system, all of which have deepened inequality and deprived Kenyans of opportunities. These failures, they argued, reflect a broader neglect of the Constitution’s promise to promote equitable development and protect fundamental rights.
The organizations also reflected on the historical significance of Katiba Day, noting that for the past 14 years, citizens, civil society, and progressive actors have faithfully commemorated the Constitution’s anniversary, even in the face of hostility from successive regimes. They emphasized that Katiba Day belongs to the people, serving as a moment to reflect, take stock, and reaffirm their commitment to defending the Constitution. The KHRC called for justice for victims of state violence and urged that independent oversight bodies be adequately resourced to operate free from political interference.
In a related development, President William Ruto officially designated August 27 as Katiba Day to commemorate the 2010 Constitution’s promulgation, as announced in a presidential proclamation on August 25, 2025. Speaking at the Kenyatta International Convention Centre (KICC) in Nairobi during the Katiba at 15 celebrations, Ruto explained that his decision not to gazette Katiba Day as a public holiday was guided by the spirit of the Constitution itself. He noted that Kenya’s crowded holiday calendar, which includes New Year’s Day, Labour Day, Madaraka Day, Mashujaa Day, Huduma Day, Jamhuri Day, Christmas Day, Boxing Day, and recently renamed Mazingira Day (formerly Utamaduni Day), influenced his choice to make Katiba Day a working day focused on civic activities. These activities, to be organized across schools, government offices, and Kenya’s diplomatic missions abroad, aim to deepen constitutional awareness and civic engagement.
Ruto’s announcement drew mixed reactions. Some Kenyans described it as a “holiday without a holiday,” while others appreciated the emphasis on civic education. During his speech, Ruto also addressed devolution, urging county governors to collaborate with the national government in mobilizing resources to support devolved functions. He revealed that over Sh4 trillion has been disbursed to counties since the Constitution’s promulgation, highlighting the establishment of functional county governments across Kenya. However, he humorously acknowledged the challenges of resource mobilization, referencing his nickname “Zakayo” (a biblical tax collector) due to his efforts to secure funds for counties.
The 2010 Constitution, approved in a referendum on August 4, 2010, marked a turning point in Kenya’s history, replacing the colonial-era Constitution of 1963. Its development followed decades of public demand for a more inclusive governance framework, spurred by challenges such as corruption, human rights abuses, and over-centralized power. The Constitution of Kenya Review Commission (CKRC), established in 2000 under Professor Yash Pal Ghai, laid the groundwork for reform, with momentum accelerating after the 2007-2008 post-election violence. The Committee of Experts on Constitutional Review, formed in 2008, drafted the final document, which introduced transformative reforms, including a devolved system with 47 counties, expanded protections for individual and socio-economic rights, and a robust system of checks and balances.
As Kenya commemorates Katiba Day, civil society groups and citizens continue to call for renewed efforts to address governance failures and fully realize the Constitution’s transformative potential. The day serves as a reminder of the ongoing struggle to uphold democratic ideals, foster national dialogue, and ensure accountability in governance.
On August 27, 2025, the Kenya Human Rights Commission (KHRC) and other civil rights organizations marked the 15th anniversary of the 2010 Constitution’s promulgation, known as Katiba Day, by emphasizing the persistent governance challenges hindering Kenya’s progress toward democracy and social justice. Despite the transformative vision of the 2010 Constitution, the groups pointed to executive overreach, weakened devolution, and widespread corruption as significant barriers to achieving its goals.
The KHRC underscored that the Constitution envisioned a people-centered, accountable government, yet critical provisions have been consistently ignored, undermined, or manipulated. The organizations highlighted several key issues, including the erosion of constitutional checks and balances, the undermining of independent commissions, and the failure to uphold socio-economic rights. They noted that peaceful protests, particularly those led by young Kenyans during recent Gen Z demonstrations, have been met with severe state violence, including bullets, abductions, and killings, which they argue violates Article 37 of the Constitution, guaranteeing the right to assemble and petition.
The KHRC criticized the executive for repeatedly disobeying court orders, thereby weakening the judiciary’s authority. Independent commissions and oversight institutions, established under Chapter 15 of the Constitution to ensure accountability, have been deliberately starved of resources or brought under executive control, according to the commission. This has significantly hampered their ability to function effectively and safeguard democratic principles.
Socio-economic rights, enshrined under Article 43, were also a focal point of concern. The KHRC highlighted worsening unemployment, declining education standards, and a failing healthcare system, all of which have deepened inequality and deprived Kenyans of opportunities. These failures, they argued, reflect a broader neglect of the Constitution’s promise to promote equitable development and protect fundamental rights.
The organizations also reflected on the historical significance of Katiba Day, noting that for the past 14 years, citizens, civil society, and progressive actors have faithfully commemorated the Constitution’s anniversary, even in the face of hostility from successive regimes. They emphasized that Katiba Day belongs to the people, serving as a moment to reflect, take stock, and reaffirm their commitment to defending the Constitution. The KHRC called for justice for victims of state violence and urged that independent oversight bodies be adequately resourced to operate free from political interference.
In a related development, President William Ruto officially designated August 27 as Katiba Day to commemorate the 2010 Constitution’s promulgation, as announced in a presidential proclamation on August 25, 2025. Speaking at the Kenyatta International Convention Centre (KICC) in Nairobi during the Katiba at 15 celebrations, Ruto explained that his decision not to gazette Katiba Day as a public holiday was guided by the spirit of the Constitution itself. He noted that Kenya’s crowded holiday calendar, which includes New Year’s Day, Labour Day, Madaraka Day, Mashujaa Day, Huduma Day, Jamhuri Day, Christmas Day, Boxing Day, and recently renamed Mazingira Day (formerly Utamaduni Day), influenced his choice to make Katiba Day a working day focused on civic activities. These activities, to be organized across schools, government offices, and Kenya’s diplomatic missions abroad, aim to deepen constitutional awareness and civic engagement.
Ruto’s announcement drew mixed reactions. Some Kenyans described it as a “holiday without a holiday,” while others appreciated the emphasis on civic education. During his speech, Ruto also addressed devolution, urging county governors to collaborate with the national government in mobilizing resources to support devolved functions. He revealed that over Sh4 trillion has been disbursed to counties since the Constitution’s promulgation, highlighting the establishment of functional county governments across Kenya. However, he humorously acknowledged the challenges of resource mobilization, referencing his nickname “Zakayo” (a biblical tax collector) due to his efforts to secure funds for counties.
The 2010 Constitution, approved in a referendum on August 4, 2010, marked a turning point in Kenya’s history, replacing the colonial-era Constitution of 1963. Its development followed decades of public demand for a more inclusive governance framework, spurred by challenges such as corruption, human rights abuses, and over-centralized power. The Constitution of Kenya Review Commission (CKRC), established in 2000 under Professor Yash Pal Ghai, laid the groundwork for reform, with momentum accelerating after the 2007-2008 post-election violence. The Committee of Experts on Constitutional Review, formed in 2008, drafted the final document, which introduced transformative reforms, including a devolved system with 47 counties, expanded protections for individual and socio-economic rights, and a robust system of checks and balances.
As Kenya commemorates Katiba Day, civil society groups and citizens continue to call for renewed efforts to address governance failures and fully realize the Constitution’s transformative potential. The day serves as a reminder of the ongoing struggle to uphold democratic ideals, foster national dialogue, and ensure accountability in governance.