Katiba Day: Ceremony Without Substance

On the Monday August 25, 2025, president William Ruto declared that henceforth, Kenyans will be observing August 27 as the 'Katiba Day.' This is coming at a time Kenya is marking 15 years since the promulgation of the 2010 Kenyan Constitution.

The day will go by the name ‘Katiba Day’ though it does not amount to a public holiday but rather a national day.

According to the president, this day will be marked to remind Kenyans their obligation to obey, preserve protect and implement the constitution.

After all is said and done, the 2010 Constitution has faced a number of challenges since its promulgation in 2010.

Issues like corruption, nepotism, negative ethnicity, selfish political interests, and the lack of willingness in enforcing provisions on leadership and integrity are just among the many issues that have continuously chocked the effective implementation of the 2010 Constitution.

Among the key yet to be implemented areas in the constitution include; the two thirds gender rule, full devolution of resources, consistent compliance with court orders especially among political figures and the powerful individuals and equitable representation for the vulnerable populations in the society.

For instance, the old political culture of divisive politics has been continuously preserved by our leaders.

This aspect has hindered the effective implementation of the Constitution which was purposed to break the ‘old order.’ 

Chapter Six of the Constitution on leadership and integrity has been greatly abused. The chapter requires those in power and authority to conduct themselves beyond reproach by demonstrating competence, honesty, impartiality, and selfless service for the good of the public.

This is to ensure that those in positions of authority remain accountable and act with public confidence. They should not act for individual gains by engaging in acts like corruption.

Although structures like the Ethics and Anti-Corruption Commission (EACC) have been put in place to ensure the enforcement of these standards, serious failures in the implementation of the chapter have been witnessed.

For instance, consistent in compliance with court orders and eroding public confidence have been witnessed from key leaders not once, not twice.

The two third gender rule which mandates that ‘no more than two thirds of members in elective or appointive bodies within the public sector should be of the same gender’ remain largely unimplemented.

The main objective of this principle was to address historical gender imbalances while promoting greater representation of women in decision making roles.

The parliamentary and the reluctance of the judiciary as well the patriarchal culture in the country have greatly contributed to the failure of the two third gender rule enshrined in the 2010 Constitution.

Devolution is another area that has not done so well. Although it is established in a number of areas, it faces risks of asset stripping and a lack of adequate accountability especially at the level of counties.

Corruption, mismanagement of resources, inadequate funding are some of the challenges that are facing devolution in Kenya.

This has led to stalled development and poor service delivery in devolved sectors. Political interference and ethnic politics have equally undermined effective governance. Other challenges are institutional capacity deficits in policy formulation as well as human resource.

Women and youth representation in public forums and leadership positions raise significant challenges. Women and youth who try to penetrate into political ventures face high campaign costs and sometimes violence. This is against the ideologies of the 2010 Constitution.

Corruption and Impunity is a pervasive culture that has made it almost impossible in enforcing the provisions of the 2010 Constitution. This is particular to those related to service delivery and governance.

Some political elites have resisted change holding on to colonial patterns of thought. Neither are they committed to the transformative agenda recorded in the 2010 Constitution. They prioritize self-serving political interests instead of prioritizing the masses favor.

Some political leaders as well as some institutions lack the good will of enforcing the constitution’s transformative provisions fifteen years later. The have instead favored self-serving interests over the collective good of the masses. This has bastardized the constitutional ideals.

In addition, there are structural barriers and systems which have never awakened to the provisions of the 2010 Constitution. They continue to impede the effective implementation of the 2010 Constitutional principles.

Therefore, as we embrace the ‘Katiba Day’ as proclaimed by president William Ruto, lets remember that the Constitution is a blueprint for a new society. Its full potential cannot be realized unless its citizens address the systematic issues and ensure there are continuous efforts in place to implement its principles.