Maraga points out gaps even as Kenya celebrates 16 years of Constitution

As Kenya marks 16 years since the promulgation of the 2010 Constitution, former Chief Justice David Maraga has called for renewed vigilance to protect the gains of the country’s constitutional order, warning that key institutions and citizens must do more to safeguard the principles enshrined in the supreme law.

In a statement issued on Thursday, August 27, 2026, Maraga said the Constitution should be a source of national reflection, describing its adoption 16 years ago as the culmination of years of struggle and sacrifice.

“Today, that Constitution is under siege from incessant violations that must trouble every Kenyan who lived through the struggle,” Maraga said.

He argued that the lessons of the past 16 years should not be reduced to a celebration of the Constitution’s existence, but should instead prompt Kenyans to defend it and remain vigilant against attempts to undermine or overturn its provisions.

Maraga said the Bill of Rights and provisions governing public participation were among the Constitution’s key safeguards, particularly in ensuring that citizens have a meaningful role in governance.

He cautioned that public participation should not be treated as a mere formality, saying it was intended to guarantee Kenyans a voice in matters affecting them.

“The Bill of Rights and the provisions for public participation are the soul of our supreme law,” he said, adding that constitutional protections should be honoured rather than merely observed as procedural requirements.

The former Chief Justice also raised concerns over Parliament’s constitutional responsibility to check executive power.

He said an institution established to scrutinise government actions must be capable of restraining the Executive where necessary, warning that Parliament’s effectiveness was critical to preventing excessive concentration of power.

Maraga said the situation required greater vigilance by citizens and institutions alike, with constitutionalism depending not only on the existence of laws but also on the willingness of those entrusted with public power to uphold them.

He urged Kenyans to hold leaders accountable and to demand adherence to constitutional principles, arguing that constitutionalism cannot survive without an active citizenry.

“The need for greater vigilance, when the institutions designed to hold those in power accountable, the burden shifts back to citizens,” Maraga said.

Maraga further linked the country’s constitutional moment to the political contest ahead, saying the 2027 General Election would provide a major test of the country’s commitment to constitutionalism.

He described the election as a contest between different visions for Kenya and said it should become a referendum on whether Kenyans would continue to defend the constitutional framework or allow its principles to be weakened.

According to Maraga, the election should also test whether the country’s political class and citizens are prepared to uphold the Constitution as the foundation of governance.

He called for a political environment in which constitutional rights, democratic institutions and accountability remain central to national debate.

As Kenya commemorates the 16th anniversary of the Constitution, Maraga said the occasion should serve both as a reminder of what the country achieved and a warning about what could be lost if constitutional safeguards are ignored.

“Katiba Day is a reminder of what was won. It must also be a warning about what could still be lost,” he said.

Maraga, who served as Kenya’s Chief Justice until his retirement in 2021, is also identified in the statement as a co-leader of the United Green Movement (UGM) and a prospective presidential contender for the 2027 election.