Broad-based government is unconstitutional

President William Ruto and ODM leader Raila Odinga after signing a political agreement at KICC, Nairobi, on March 7, 2025. [File, Standard]

The late Chief Justice CB Madan famously asked; "What is the value of a Constitution if it is not respected and obeyed?" You see our Constitution is unambiguous: government can only be established through legal frameworks provided within it.

Article 3(2) states in clear terms: "Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful."
Despite this, President William Ruto and ODM leader Raila Odinga have conjured up a political arrangement they call a broad-based government - a structure with no constitutional foundation. Unlike legally recognised coalitions, which are anchored in the Constitution and the Political Parties Act, this so-called broad-based government is an undefined, extralegal entity created purely for political expediency. By their own admission, Ruto and Raila have rejected coalition agreements while simultaneously restructuring the government to accommodate opposition leaders. This is not just a constitutional violation-it is an attempt to alter the structure of government outside legal means. In any serious country, such action would result in severe legal consequences, including prosecution and impeachment.