Mr President walk the talk of Katiba Day speech

The constituion, Kenyan flag and the National anthem. [PCS

President William Ruto’s Katiba Day speech on August 27 offered a strong defence of constitutionalism and called for an audit of the progress made in implementing the 2010 Constitution.

When he inaugurated the day last year, he described it as a moment for sober reflection, celebration of the gains made and renewed commitment to the principles of the supreme law.

After the Yes side won the August 4, 2010 referendum to ratify the document with 68.6 per cent of the total vote, Ruto recognised the victory, saying the outcome reflected the democratic choice of Kenyans.

Sixteen years after its adoption, however, the Constitution’s promise of transforming governance and safeguarding citizens’ rights remains an unfinished national project.

The Constitution, billed as one of the most progressive laws in Africa, ushered in devolution, strengthened oversight institutions, expanded the Bill of Rights and introduced safeguards against the concentration of power in the presidency.

The framers of this supreme law envisaged stronger institutions capable of investigating corruption, checking abuse of office and ensuring citizens’ rights are not violated.

The document established principles of transparency, accountability and responsible use of public resources, backed by institutions such as the Auditor-General and the Controller of Budget.

Chapter Six promised leadership anchored on integrity, honesty, accountability and an individual’s suitability for public office.

The Bill of Rights promised Kenyans stronger protection of fundamental freedoms and socio-economic rights, including access to healthcare, housing, food, water, education and social security.

In his speech, the President promised to safeguard and promote the ideals of the 2010 Constitution. But his administration’s record raises legitimate questions about whether those ideals are being implemented to the letter.

Persistent concerns over corruption, abuse of State resources, inequality and weak accountability expose the gap between the Constitution’s promise and the Kenya it was meant to create.

For instance, Ruto said Kenyans should be free to scrutinise and criticise the Government, arguing that no Kenyan should lose their life, liberty or dignity for criticising the Government. Yet, tellingly, he acknowledged that Kenyans had lost their lives, been maimed or disappeared during the 2024 demonstrations.

That contradiction cannot simply be brushed aside. A Constitution is not fulfilled by speeches celebrating its ideals; it is fulfilled when those ideals are reflected in the conduct of government and the everyday experiences of citizens.

The test, therefore, is not whether the President can eloquently defend constitutionalism on Katiba Day. It is whether his administration is prepared to apply the same constitutional standards to itself that it expects from citizens, institutions and its political opponents.

Going by Ruto’s speech, the real test for his administration is whether it is willing to subject its own record to the same constitutional scrutiny it has demanded of everyone else.

Kenya needs a government willing to make the Constitution’s promise real.