Katiba Day: Maraga warns Constitution is under siege, calls for citizen vigilance

Former Chief Justice and potential presidential candidate David Maraga has cautioned that Kenya's Constitution is under threat and emphasized the need for public vigilance to safeguard the gains made since its enactment in 2010. In a statement on Thursday, August 27, Maraga reminded citizens that the Constitution is the result of years of hard-fought struggle and sacrifice. He emphasized that the document is not a gift from those in power but a reflection of the people's sovereign will.

This is the second annual Katiba Day, a designation made by President William Ruto to promote constitutional awareness, civic engagement, and national dialogue. The day marks the promulgation of the 2010 Constitution, which brought about significant changes such as the expansion of the Bill of Rights, devolution, and enhanced institutional checks and balances.

Maraga highlighted that the country's constitutional achievements are currently at risk due to persistent violations of the supreme law, particularly the Bill of Rights and the idea of public participation. He stressed that protecting these safeguards is crucial for limiting government power and ensuring accountability.

Maraga's concerns include the alleged criminalization of dissent, disregard for court orders, and the perception of public participation as merely a procedural step rather than a constitutional obligation. He criticized Parliament for failing to effectively check executive power, suggesting that the legislative body may be too accommodating to those in authority, potentially leading to state capture.

This scenario, where public institutions serve narrow interests instead of the public good, is a growing concern, according to Maraga.

He framed the 2027 General Election as a referendum not only on individual candidates but also on the nation's direction and the continued centrality of constitutionalism in governance. The upcoming election is already a significant political challenge, with growing debates over electoral preparedness, governance, and institutional accountability.

Maraga, who has consistently advocated for strict adherence to the 2010 Constitution, argued that constitutionalism cannot rely solely on institutions and their occupants. He urged Kenyans to view Katiba Day not just as an anniversary but as a call to action to defend constitutional rights and democratic institutions. "Katiba Day is a reminder of what was won. It must also be a warning about what could still be lost," he cautioned.