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

As Kenya commemorates the 16th anniversary of its 2010 Constitution, former Chief Justice David Maraga has issued a stark warning about the need to protect the country's constitutional order. In a statement released on Thursday, August 27, 2026, Maraga emphasized that the Constitution should serve as a constant source of reflection for all Kenyans, acknowledging it as the result of years of struggle and sacrifice.

However, he cautioned that the gains of the Constitution are under threat from persistent violations that should trouble every Kenyan who witnessed the hard-fought achievements.

Maraga stressed that the Constitution's key safeguards, particularly the Bill of Rights and provisions for public participation, must not be treated as mere formalities. He stressed that these provisions were intended to ensure citizens have a meaningful say in governance. He argued that the Constitution's most precious protections should be honored rather than merely observed as procedural requirements.

Maraga expressed concern over Parliament's responsibility to check executive power, warning that the institution responsible for scrutinizing government actions must be able to restrain the Executive when necessary. He emphasized that Parliament's effectiveness is crucial in preventing the concentration of power and urged citizens to hold leaders accountable for upholding constitutional principles.

Linking the nation's constitutional moment to the upcoming political contest, Maraga stated that the 2027 General Election would serve as a critical test of Kenya's commitment to constitutionalism. He described the election as a contest between different visions for the country, urging Kenyans to use it as a referendum on whether they will continue to defend the constitutional framework or allow its principles to be weakened.

Maraga called for a political environment where constitutional rights, democratic institutions, and accountability remain central to national discourse. He emphasized that Katiba Day should be both a reminder of Kenya's achievements and a warning about what could still be lost if constitutional safeguards are ignored.