Five misconceptions about Kenya's acclaimed Constitution

President Kibaki swear in during the Promulgation of the new constitution at Uhuru Park yesterday 27/08/10.[FILE/Standard]

Last week marked the 15th anniversary of the promulgation of the Constitution of Kenya 2010 – a landmark framework that ushered in a new era of governance, rights and civic freedoms. For many younger Kenyans, particularly those born shortly before its adoption, the realities of life under the previous constitutional dispensation are either vague or entirely unknown. Equally elusive for some is a full appreciation of the sacrifices made by those who championed what is often referred to as Kenya’s “Second Liberation.” Yet, despite the Constitution’s transformative promise, misconceptions about its origin, purpose and application persist. This column considers five such misconceptions.

The first is that the Constitution was freely bestowed. This widely held yet erroneous belief holds that the Constitution was handed to Kenyans as a benevolent gift from the political elite. In truth, it was a hard-won achievement, wrested from the grip of authoritarianism by determined reformers who bore the brunt of repression, incarceration and, in some cases, death. Much like the struggle for independence from colonial rule, the journey towards constitutional reform was marked by defiance, resistance and an unwavering commitment to democratic ideals. The promulgation in 2010 was not an act of generosity – it was the culmination of decades-long advocacy and collective sacrifices.