The government has been challenged to move from selective compliance to consistent adherence to the Constitution and the rule of law.
Lobby group Amnesty International Kenyan chapter said that while Kenya's 2010 constitutional demands accountability from all sectors, state actors hold the primary obligations under Article 2(1) to respect, protect, promote, and fulfil the provisions of the Constitution.
“While the state bears the responsibility for respecting and fulfilling human rights, non-state actors and citizens have a duty of defending the enjoyment of rights in line with Article 3 of the Constitution,” said Amnesty’s Executive Director George Morara.
He said that the country has made progress 16 years since the 2010 promulgation of a new Constitution but there is still more to done.
In a statement Morara said that it gave Kenyans a transformative governance charter designed to address decades of authoritarian governance, historical injustices, inequality, and systemic exclusion
“At its promulgation, Katiba 2010 presented a social contract rooted in human dignity, social justice, human rights, and the rule of law,” he said.
“Sixteen years later, we reflect on an enduring journey of resilience, celebrate monumental triumphs, and confront persistent human rights violations, institutional failures and attempts to undermine constitutional safeguards.”
He said that the lobby group reminds both state and non-state actors that the document is not a static legal text but a living testament to the struggles of Kenyan citizens.
According to the Amnesty boss Kenyans have seen progress in a resilient Judiciary and expanded legal rights.
“Despite concerns over threats to judicial independence and institutional challenges, the Judiciary has repeatedly asserted its independence and played a vital role in upholding constitutional rights and checking executive power, an important safeguard against abuses of political power”
He lauded devolution saying it was a vehicle for shared prosperity that decentralised political and fiscal authority to the 47 counties.
He said the move to have two tiers of government had brought resources and governance closer to Kenyans.
“Devolution has brought significant resources and decision-making closer to communities, creating greater opportunities for public participation and more responsive delivery of essential services.”
He lauded the civil society for using constitutional mechanisms to hold public officers accountable which had led to active citizenry.
“Public awareness of human rights has significantly heightened, fostering an unapologetic culture of constitutional enforcement.”
Morara however said that the Constitution implementation was being slowed by missed opportunities and broken opportunities.
Among the issues flagged he said was the assault on the right to protest and freedom of expressions accusing the state of repression and criminalisation of dissent.
“The state continues to utilise unlawful and excessive use of force, arbitrary arrests and detentions, enforced disappearances, and extrajudicial executions to silence peaceful protestors, directly violating Article 37.”
Amnesty called out the Kenya Kwanza and government and its predecessors over the systemic disregard for court orders and rule of law.
“There have been repeated instances in which state officials and public institutions have failed to comply with or implement court orders, undermining the rule of law and the authority of the Judiciary.”
Morara said that the erosion of judicial authority fractures the constitutional separation of powers and signals that some public officials fingered in the defiance are above the law.
The lobby group also pointed out that corruption was a crisis in the country and that chapter Six of the constitution was not being implemented.
It accused Parliament for systematically hollowing integrity standards in Chapter Six of the Constitution adding that relevant oversight institutions must strengthen its implementation.
Amnesty is calling for effective vetting, transparent enforcement of leadership and integrity requirements, and accountability for established cases of corruption and serious misconduct.
They pointed out the failure to ensure Kenyans have access to clean water, accessible healthcare, adequate housing and food.
“Millions of Kenyans continue to experience poverty and inadequate access to essential services, while gaps in social protection, economic inequality and management of public resources continue to undermine the realization of these rights.”
Morara condemned the rise and use of goons for political purposes as the country prepares for the 2027 general elections while calling out the government and security agencies for doing little to curb the rise.
“Despite repeated assurances from the Executive and the security agencies, perpetrators of such violence continue to operate in an environment of impunity.”
Amnesty also wants an end to impunity and police brutality, compliance with judicial decisions, operationalisation of chapter Six of the Constitution and the prioritisation of economic and social rights.
